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(영문) 수원지방법원 안양지원 2017.06.09 2017고정246
산업안전보건법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. (formerly “C Co., Ltd.”) is a corporation established for the purpose of trucking transport business, etc. and is a business owner engaged in small cargo transport business at the military branch located in Sinpo-si E, and Defendant A is a head of the military branch office in Sinpo-si, Inc., and

1. Defendant A

A. On November 21, 2016, in a case where a worker installs a safety rail in order to prevent the crash risk, the Defendant, despite the fact that at least 90cm away from the floor level, installed the upper rail rail at a point that was 50cm away from the floor level, at a point that was 50cm away from the floor level.

B. Although the Defendant has to install a device that can immediately suspend the contact with the machinery, such as the date, time, place, and consortiums, in order to prevent any danger that part of the workers might be shielded, the Defendant did not install an emergency stop device at least 15 and 16 times in the above workplace.

2. Defendant B, who is an employee of the Defendant, committed each of the offenses as described in the above paragraph (1) with respect to the Defendant’s business at the date and place specified in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Reports on the results of each supervision and marks of the supervision;

1. Application of statutes to a person in charge of safety and health management;

1. Articles 71, 67 subparagraph 1, and 23 (3) of the Industrial Safety and Health Act (in the event of failure to take measures to prevent the falling falling) of the relevant Act on criminal facts; Articles 71, 67 subparagraph 1, and 23 (1) of the respective Act on Industrial Safety and Health (in the event of failure to take measures to prevent the hazards by machinery);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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