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(영문) 대전지방법원 서산지원 2013.08.09 2013고정103
산업안전보건법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

F, the Defendant’s employee, is the 1 team leader of the Taean Business Office of the Defendant Company, who was awarded a subcontract for the “the boiler stoves (including the part on the installation of the boiler) construction,” which is part of the H (H) planning and maintenance work for the 2nd boiler planning and maintenance work for the Haan-gun G in the Haan-gun of Taean-gun, Haan-gun. The Defendant is a person responsible for managing and supervising matters concerning safety and health of workers

As part of the 2nd boiler planning and maintenance work, Defendant Company decided to install the system vision of the said 2nd boiler from March 29, 2012 to April 1, 2012.

F, a defendant's employee, has a duty of care to thoroughly manage and supervise whether the installation work of prefabricateds is performed by a qualified worker.

Nevertheless, F had 17 non-level workers, such as I, who are not workers with qualifications necessary for harmful or dangerous work, perform assembly work of the non-level workers.

The Defendant, who is an employee, had F, from March 29, 2012 to April 1, 2012, engaged a person who is not an employee with qualifications in relation to the above business, to assemble the curriculum.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect by each public prosecutor against J or F;

1. Each police statement on K, L, M, I, N,O, P, Q, R, S, T, U,V, W, and X;

1. Written opinion of investigation into serious accidents;

1. Application of the Acts and subordinate statutes to inquire about national technical qualification;

1. Article 71 of the Occupational Safety and Health Act and Articles 71, 67-2 subparagraph 1, and 47 (1) of the same Act concerning facts constituting an offense;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Determination as to the assertion of the Defendant and his defense counsel under Article 59(1) of the Criminal Act (see the following grounds for sentencing) of the suspended sentence

1. The assertion;

A. In order to prevent an accident due to the instant vision, the Defendant was engaged in discontinuance and supplement work, safety and health education, etc., and thus, on his duties.

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