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(영문) 수원지방법원 성남지원 2013.05.24 2013고정18
산업안전보건법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a director at the site of a new construction site of the F Research Institute in Seongbuk-gu, Sungnam-si, Sungnam-si, a business owner, who exercises overall control over safety and health affairs at the construction site.

Where a business owner engages in work at the highest part of the non-level system, he/she shall install safety risks.

Nevertheless, on July 10, 2012, the Defendant had workers work at the highest part of the moving-type vision without installing the safety distress at the construction site of the new construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the testimony laws and subordinate statutes to witnesses G and H;

1. Article 71 of the Occupational Safety and Health Act and Articles 67 subparagraph 1 and 23 (3) of the same Act concerning facts constituting a crime: Selection of a fine;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion of the defendant or his defense counsel under Article 59(1) of the Criminal Code (the punishment for delay 500,000 won / the degree of violation of duty of care and the degree of risk resulting therefrom, the supplementary measures for safety at the construction site are taken, the defendant made various efforts to ensure safety at the construction site, the defendant is the primary offender, the defendant is the primary offender, the circumstance of the accusation, etc.) of the suspended sentence

1. The proviso to Article 71 of the Industrial Safety and Health Act provides that a corporation or an individual is not negligent in exercising due care and supervision over the pertinent business to prevent such violation, and the Defendant has been aware of his/her responsibility since he/she exercised due care and supervision over the pertinent business in order to prevent the non-establishment of a safe design.

2. In case a representative of a juristic person, or an agent, employee (including a supervisor), or other servant of a juristic person or individual commits an offence under Articles 67 through 70 of the Industrial Safety and Health Act in connection with the business of the juristic person or individual, not only shall such violator be punished, but also the juristic person or individual.

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