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(영문) 광주지방법원 2017.05.18 2017고정29
산업안전보건법위반
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a safety and health general manager who exercises overall control over the affairs to prevent industrial accidents that may arise in the course of performing the same work at the same place as his/her employees and the employees employed by the contractor, as a site director of D Expansion Corporation

In the places where workers are at the risk of falling as the end or opening of the work board and passage, the business owner shall install a strong structure with sufficient strength to take protective measures for safety railing, fences, vertical fall telescopes, or covers (hereinafter referred to as "rails, etc.") and indicate that the opening is a part so as to be recognizable at the hold place.

Nevertheless, on October 11, 2016, the Defendant did not install a safety rail at the right right part of the building, as a result of the supervision of the construction site for dancing type conducted by the local government offices of Gwangju Regional Labor Office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the corporation C;

1. Application of Acts and subordinate statutes to a report, corrective order, or partial work suspension order as a result of supervision;

1. Article 67 of the relevant Act and Articles 67 subparagraph 1 and 23 (3) of the Industrial Safety and Health Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

After detection, the Defendant completed corrective measures.

There is no criminal history exceeding a fine.

Unfavorable circumstances: The Defendant, as a safety control manager, has the duty to manage and supervise the employees to take active measures to prevent the fall accident during the construction work.

The legislative intent of the Industrial Safety and Health Act is to prevent industrial accidents.

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