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(영문) 전주지방법원 2018.03.26 2018고정10
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has overall control over the affairs of the C Apartment Self-Governing Management Committee and the affairs concerning safety and health of two workers belonging to the management office as a director of the Special Metropolitan City Committee for Self-Governing Management of Apartment C Apartment-gu Seoul Metropolitan City.

The business owner shall require workers engaged in work at risk of falling to wear protective outfits, such as safety caps, in conformity with the working conditions, and shall take safety measures by installing a work board in the manner of assembling the intensity, in case where the workers might be at the time of conducting work at a place at risk of falling or falling.

Nevertheless, at around 13:20 on May 7, 2017, the Defendant did not take safety measures, such as the installation of a work board, etc., and caused the death of D on May 12, 2017, when D, a person working for the above C Apartment Management Office, was at least 2.2 meters high in height in the above apartment complex, and D, which was at a level above 87cc high, was at the risk of falling or falling up in the above-mentioned apartment complex, without paying a safety cap to D. In order to store light trees at least 2.2m in the above apartment complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to written opinion on serious accident investigation;

1. Relevant Article of the relevant Act on criminal facts and Articles 66-2 and 23 (3) of the Industrial Safety and Health Act on the selective punishment;

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

1. The Defendant’s criminal liability shall not be mitigated in that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order does not take safety measures such as the payment of the Defendant’s basic safety appearance, and the death of a worker occurs.

However, the apartment of this case where a disaster worker worked is small-scale.

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