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(영문) 수원지방법원 2017.10.26 2017고정2199
산업안전보건법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

B Co., Ltd. is a corporation that employs five full-time workers located in Yeongdeungpo-gu Seoul on October 27, 201, and the defendant is the representative director of the said corporation.

On November 18, 2016, 10:40 around 10:40, the respondent had his/her employees D ( South, 52 years of age) carry out 25 ton external advertising painting of cargo vehicles, and the business operator must take protective measures, such as safety rail and fence, and provide him/her with safety wear when he/she instructs his/her employees to work at a place at risk of falling during his/her work.

Nevertheless, the suspect, on the part of the work site where the safety rail, etc. is not installed without wearing a safety cap to D, had D carry out an operation to set the bottom of the vehicle on the surface in order to display the back end end of the cargo string. D lost the center of the body during work and fell on the ground of approximately 1.4 meters work unit on the ground, and died on December 21, 2016 during treatment while being sent back to the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A table of inspection of integrated supervision of safety and health, such as reports on serious accidents, reports on serious accidents, written opinion on accident investigation, manufacturing business,

1. Application of Acts and subordinate statutes to certified copies of the corporate register, business registration certificate and death certificate;

1. Article 66-2 and Article 23 (3) of the Act on the Violation of the Industrial Safety and Health Act concerning facts constituting an offense;

1. Selection of punishment: Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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