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(영문) 인천지방법원 2020.01.10 2019고정2345
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the head of the site (main) office of the "Building Construction Works for the Corporate History" performed by the Company B and a person in general charge of safety and health of workers belonging to the construction site.

1. The business owner shall install a safety distress at a place where the height of the valley is at least two meters high, and a danger of falling;

Provided, That this shall not apply where it is difficult to install a safe guard due to the nature of the work, in case of dismantling a safe guard temporarily as required for the work, and in case of preventing the fall risk by installing a fall guard network or having a worker use a safety belt, etc.

Nevertheless, the Defendant did not take measures to prevent the fall of the construction site in Gyeyang-gu, Incheon, by installing a safety distance on the two floors outside the construction site of the construction site.

2. In cases where a business owner does work within the highest part of the mobile rain gauge, he/she shall install a safe distance;

Nevertheless, the Defendant did not install a safe distance at the highest part of the mobile-type non-facilities used at the first floor of the above site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to industrial safety and health supervision marks, supervisory reports, and corrective orders;

1. Relevant Article of the Occupational Safety and Health Act and Articles 71, 67 subparagraph 1, and 23 (3) of the same Act concerning criminal facts, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not less complicated in light of the status of the defendant, who is responsible for maintaining the safety of workers by setting up safety intervals at the place where the defendant is in danger of falling, etc.

On the other hand, the defendant recognized the crime of this case and expressed his attitude against the defendant.

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