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(영문) 수원지방법원 2013.09.04 2013고정1234
산업안전보건법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation with the aim of repairing motor vehicles located in Suwon-si D, who is in charge of safety and health for workers of the above corporation, and the defendant B corporation is a corporation established for the purpose of repairing motor vehicles using 32 workers at the above place.

1. At around 16:50 on August 20, 2012, Defendant A had E, an employee of the correction expenses who belongs to the said company, repair work site of the said company, repair work site of the said company 9 simplified lifts, repair work site of the Fschton car, and repair the Fschton car.

In such cases, if the part of the work or operation of machinery and equipment, such as a half-way or roller, is too high or lower than physical conditions of workers engaged in the work, a business owner shall install a safe and proper height of work launchings, or adjust the machinery and equipment to the appropriate height of work, and shall maintain the floor, etc. of the workplace in a safe and clean state so that the workers do not have any danger, such as overcoming or extinguishing, etc. at the workplace.

Nevertheless, the Defendant did not take measures to prevent such risks and had workers E work for them.

2. Defendant B, as described in the above Paragraph 1, committed a violation by the representative director, who is the defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to the integrated supervision and check of safety and health, such as manufacturing business, written corrective order and report on occurrence of serious accidents

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

(a) Defendant A: Subparagraph 1 of Article 67 and Article 23 (1) 1 of the Industrial Safety and Health Act;

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

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

1. The order of provisional payment;

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