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(영문) 춘천지방법원 강릉지원 2016.12.01 2016고정203
산업안전보건법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a personal building business operator, and is a business operator performing a new construction of the “C” located in Gangnam-si B, and is a person in charge of overall management of affairs concerning safety and health of his/her employees.

In the places where workers might fall down, as the end or opening of the work plate and passage, the business owner shall install a strong structure with sufficient strength protection measures, such as safety railings, fences, vertical fall-off networks, or covers, etc.

Nevertheless, the Defendant did not install protective measures, such as safety distress, at the construction site around January 21, 2015, even though there is a risk that workers might fall at the opening part (10 meters high) of the elevator construction site of the second floor of the said new building, even though the work stairs between the first floor and the fourth floor of the said new building, the opening side of the second floor of the said new building (5 meters high), and the opening part (10 meters high) of the elevator construction site of the said new building.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to a construction supervision check and a report on supervision;

1. Article 67 of the Occupational Safety and Health Act and Articles 67 subparagraph 1 and 23 (3) of the same Act concerning criminal facts and the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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