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(영문) 서울서부지방법원 2018.01.11 2017고정1426
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a safety and general manager responsible for the overall management of the safety conditions of workers working at the site of the D Co., Ltd. performing the “C New Construction Corporation” in Eunpyeong-gu Seoul Metropolitan Government, and is an act for the D Co., Ltd., a business owner.

On June 1, 2017, at around 14:20 on June 1, 2017, the Defendant violated the Industrial Safety and Health Act as follows.

A. According to Article 24(1) of the Rules on Standards for Industrial Safety and Health, when a business owner installs a bridge decoration, etc., the business owner shall have a solid structure at a specified distance from the board.

Nevertheless, the defendant was prevented from using a wooden bridge voluntarily produced by workers on the first floor above the site.

B. According to Article 43(1) of the Rules on Standards for Occupational Safety and Health, a business owner shall install a strong structure with sufficient strength to take protective measures, such as safety railing, at a place where a worker is likely to fall, as a end or opening part of the business board and passage.

Nevertheless, the Defendant neglected the omission of safety rail at the entrance of the first floor above the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by a special judicial police officer against the defendant;

1. An inspection table on safety and health supervision, a report, a partial order to suspend works, a corrective order, a report on the result of corrective measures, a request to terminate a suspension order for partial works, a written confirmation of the completion of work suspension, and the application of Acts and subordinate statutes to cancel partial works suspension;

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 an offense;

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

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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