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(영문) 울산지방법원 2020.01.16 2019고단3657
산업안전보건법위반
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 20 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. (C Co., Ltd. before the mutual change on June 3, 2019: C Co., Ltd.) is the business owner of a corporation who has operated ship building business, etc. under the trade name of “C Co., Ltd.” in Ulsan-dong, Ulsan-gu, and Defendant A was the representative director of C Co., Ltd.

1. The business owner of a defendant A shall maintain the floor, etc. of the workplace in a safe and clean state so that his/her workers may not go beyond or get out of the workplace;

Nevertheless, around October 25, 2016, the Defendant did not take safety and health measures more than 1,026 times in total from the former C shipbuilding business headquarters, the headquarters, the headquarters of offshore business, the headquarters of plant business, the headquarters of the management support business, the headquarters of construction equipment business, the engine machinery business headquarters, and the electrical and electronic headquarters, such as the list of crimes in attached Form 1,026.

2. The Defendant Company B did not take safety and health measures as described in paragraph (1) with respect to the Defendant’s business at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Statement of each police statement of E;

1. Report on the offender's domicile;

1. Each partial suspension order and written confirmation;

1. A report on safety and health (integrated) supervision, including each manufacturing business;

1. C (States) Special supervision of industrial safety and health;

1. Each supervision report;

1. The application of Acts and subordinate statutes of the planning and supervision of construction business projects to prevent disasters;

1. Where most of the decisions of fines are made to Defendant A regarding facts constituting a crime under Article 71, Article 67 subparag. 1, Article 23, Article 24 of the Occupational Safety and Health Act, and Article 71 of the same Act, the right after the defendant was appointed as representative director.

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