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(영문) 대전지방법원 천안지원 2015.10.02 2015고정592
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 As the representative director of Defendant B, a person who is responsible for the management of safety and health for workers belonging to the scene of “D Corporation” located in Dong-gu, Dong-gu, Seoul, and Defendant B, a corporation established on March 11, 201 for the purpose of construction business after having its head office in Osan-si, and a business owner who performs the “D Corporation” as a corporation established on March 11, 201 for the purpose of construction business after being awarded a contract with F for the amount of KRW 460 million from November 1, 2014 to June 30, 2015.

With respect to the supervision of occupational safety and health conducted on April 30, 2015 at the site of “D Corporation”:

1. Defendant A

A. In the event a business owner installs a bridge-type passage, he/she must install a solid structure, the interval of the surface must be specified, and measures are taken to prevent the sloping or getting out of the bridge, but the Defendant used a bridge released from the sloping prevention device in the field.

B. Although a business owner conducted contact with electric machinery, apparatus, etc. to prevent the electric shock of workers, the Defendant used mobile electric wires used on the site as the contact points with the electric wires used at the site.

2. Defendant B did not perform the duty of safety and health measures as stated in the above paragraph (1) by a person who committed an act on behalf of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to supervisory inspection marks and supervisory reports;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 71, 67 subparagraph 1, and 23 (1) of the Industrial Safety and Health Act;

(b) Defendant B: Articles 71, 67 subparag. 1, and 23(1) of the Industrial Safety and Health Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The order of provisional payment;

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