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(영문) 대전지방법원 2017.09.01 2017고정952
산업안전보건법위반
Text

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

Defendant

If A does not pay the above fine, each 100.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of construction business, and Defendant A is a business owner, and Defendant A is a person in charge of safety management at the construction site as the site manager of the “C nearby Facilities Construction Work” being conducted in Seo-gu in the war.

1. On May 11, 2017, Defendant A did not install a work plate using a gauge, etc. during the process of dismantling a string of the first floor where workers are likely to fall or fall, Defendant A did not take measures to prevent the fall of the work board, etc., while engaging in the work at the outer pairs sloping, etc., and Defendant A did not install a safety rail at the third floor slots with the risk of fall, and Defendant A did not install a 3rd floor coverr, and Defendant A did not install a 3rd floor coverr, without complying with the order of full-time suspension.

2. Defendant B Co., Ltd. failed to exercise due diligence and supervision in relation to safety management for the prevention of industrial accidents by its employees, and Defendant B, an employee of the Defendant, committed the same offense as the above 1.

Summary of Evidence

1. Defendants’ legal statement

1. A table of the supervision of construction safety and health;

1. A report on the results of supervision;

1. The order for correction;

1. Application of Acts and subordinate statutes to the completion of safety measures for industrial safety and health;

1. Relevant legal provisions concerning criminal facts and the Defendants’ selection of punishment: Articles 71, 67 subparag. 1, and 23 subparag. 3 (a violation of the duty to take 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 choice of fines;

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 to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act.

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