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(영문) 광주지방법원 2016.08.11 2016고정949
산업안전보건법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is the business owner of the “C” in Gwangju Northern-gu B.

The business owner shall have a worker engaged in work at a place with a high height or a depth of at least two meters wear a safety cap and a safety belt.

Nevertheless, the Defendant, at around 13:00 on November 26, 2015, placed a bridge on the top of a ton of salt 1 ton (3.2 meters high from the ground) loaded on two parts of this Section by the victim D (57 years old) from his/her employees at the above C camping site on November 26, 2015.

In order to prevent gold from being sucked with snow and rain, it was not paid to the victim with safety caps and safety belts.

Accordingly, the damage fells on the ground while being covered with a flood control cover, and caused the death of the victim by a multi-long-term cover by a multi-long-term cover of a divers of the light around December 17 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Investigation report on serious accidents;

1. A photograph of the damaged scene;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 66-2, Article 23 (3) of the relevant Act on the Safety and Health of Industry (limited to cases where a worker has caused the death of a worker due to neglect of safety measures), Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on a person who violates the heavier Industrial Safety and Health Act);

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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