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(영문) 서울동부지방법원 2018.07.03 2018고정427
산업안전보건법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a field director of "D, 137 New Construction Project" performed by Defendant B in Gwangjin-gu Seoul Special Metropolitan City, who is responsible for all matters concerning the safety and health of his employees, and is a person who acts for Defendant B with respect to this affairs.

Defendant

A Co., Ltd. is a corporation that has carried on construction business, etc. with its head office in Songpa-gu Seoul E and 401, and is a corporation that employs 12 full-time workers from May 22, 2017 to November 20, 2017 under contract with an individual (F and 11 others).

1. The business owner of the defendant A shall take safety measures necessary to prevent industrial accidents;

Nevertheless, on September 18, 2017, the Defendant failed to take necessary safety measures, such as the details of the crime inundation list, which was attached to the "Act on the Prevention and Supervision of Impact Disasters".

2. Defendant A’s act on behalf of Defendant B did not take safety measures necessary for preventing industrial accidents, such as the facts constituting the crime of the preceding paragraph of the same Article.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to marks of supervision over construction safety and health, photographs of violation, reports on the results of supervision, and orders for suspension of partial work;

1. Article 67 Subparag. 1, Article 23 Subparag. 3 (Non-Implementation of Safety Measures), Article 67 Subparag. 2, and Article 51(7) (Violation of Suspension Order) of the Industrial Safety and Health Act, Defendant B who has selected a fine for a crime: Articles 71, 67 Subparag. 1, and 23(3) (Non-Implementation of Safety Measures) of the Industrial Safety and Health Act, Articles 71, 67 Subparag. 2, and 51(7) of the Industrial Safety and Health Act, and the selection of fines for a crime;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendant A detained in the workhouse: The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act is that Defendant A has no record of criminal punishment for the same crime.

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