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(영문) 수원지방법원 평택지원 2017.10.18 2017고단1590
산업안전보건법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person in charge of safety and health management to prevent accidents related to safety and health of his/her employees, as a site warden at the construction site of the business owner's interest performed from August 2016 after being awarded a contract from C to replace the board of dangerous C warehouse located in Ansan-si.

On August 30, 2016, the Defendant had the victim D (56 tax) perform the replacement work of the warehouse walls and roof sides.

In this case, the defendant, who is the person in charge of the safety and health management of the business owner, has the damaged person work in a place at a risk of falling down, so that the damaged person can wear the safety mother. The defendant has a duty of care to ensure the transportation of the board by using the vehicle of accusation work so that the board does not fall.

Nevertheless, the Defendant did not pay safety caps to the victims, and had the workers install pipes in a warehouse of about 3 meters high, and had them string off the strings, cut the strings to transport the strings at one end of the strings, and let the workers transport the strings to the string construction work site like the strings. As a result, the above strings fall off during the work and the strings are faced with the strings of the victims who were working on the ground.

Ultimately, the Defendant suffered injury to the victim, such as cutting down the body frame and lowering recognition on the number of days of treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Business registration certificate and order certificate;

1. The application of Acts and subordinate statutes to investigation reports (medical certificates and opinions attached);

1. Article 268 of the Criminal Act in relation to the facts constituting an offense (the point of violation of the measures for industrial safety) and Articles 67 subparagraph 1 and 23 (3) of the Industrial Safety and Health Act (the point of violation of the measures for industrial safety);

1. Commercial concurrence;

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