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(영문) 창원지방법원 2015.07.16 2015고단937
산업안전보건법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of construction business in Yongsan-si, Changwon-si, Changwon-si, a business owner who was awarded a contract for the “D installation work” from the window of Changwon-si, and subcontracted it to the F of the operation of the E, and the defendant A is the representative director of the above defendant B, who is responsible for safety and health management.

1. Where a business is conducted at the same place as Defendant A and is entirely executed by a specialized construction work, the business owner who is granted a contract for all specialized construction works shall take measures to prevent industrial accidents if his/her employees work at a place where there is a risk that his/her employees might fall;

Nevertheless, around June 16, 2014, the Defendant failed to take necessary measures for the prevention of industrial accidents at a place where workers employed by the contractor are at risk of fall, by failing to pay safety belts to ensure that G, a contractor of the Defendant, i.e., on the ground, is on board a carcles with approximately 4.5 meters high from the ground to revise the direction of H and then fix it by V. However, the Defendant failed to take necessary measures for the prevention of industrial accidents at a place where workers employed by the contractor might fall.

2. Defendant B, at the time and place specified in the preceding paragraph, failed to take necessary measures to prevent industrial accidents of workers employed by the contractor, as described in the preceding paragraph, in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each prosecutor's interrogation protocol on defendants A and E;

1. Each police statement of the I, J, K, and L;

1. The application of Acts and subordinate statutes to report on the occurrence of serious accidents and report on serious accidents;

1. Defendant A who is subject to the pertinent provision of the Criminal Act and the choice of punishment: Defendant A who is subject to a fine under Article 68 Subparag. 2 and Article 29 (3) of the Occupational Safety and Health Act;

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