(영문) 대전지방법원 서산지원 2014.02.07 2013고정302

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(영문) 대전지방법원 서산지원 2014.02.07 2013고정302

산업안전보건법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as a substantial representative of the company B, is a person responsible for the overall management and supervision of matters concerning the safety and health of on-site workers while installing electric facilities at the site of “D New Construction Project” located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

In case where the business owner has his/her workers assemble the mobile vision and have them work at the highest part of the non- fraternity, he/she shall install a safe distance.

Nevertheless, at around 09:00 on March 16, 2012, the Defendant ordered the victim E to dismantle and re-establish the electric wires installed over the 1.8m-type mobile non-structures with a height of 1.8m high that does not have a safety distressed installation at the above construction site, and ordered the victim to dismantle the electric wires installed over the upper part of the lower part, and to take them over to the workers under the lower part of the work, the Defendant left the center and fell down below the lower part of the non-way, thereby causing injury, such as cutting down in the left part of the gushes in which the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of discharge from a disaster;

1. Application of Acts and subordinate statutes to general opinion on accident investigation and investigation report (report on hearing the statements of disaster victims);

1. Articles 67 and 23 (3) of the Occupational Safety and Health Act concerning criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the fact that the victim was in the line of the defendant by agreement with the defendant, and the defendant's previous conviction, size of the company operated by the defendant, etc. shall be determined as the sentence

It is so decided as per Disposition for the above reasons.

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