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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2023Do14674 Decided November 14, 2023 【Violation of the Occupational Safety and Health Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where an employee of a relevant contractor dies in violation of safety and health measures at the site of the relevant construction works, whether a person who takes a leading role in supervising and managing the construction works as a business owner who awards a contract for construction works corresponds to “contractee,” and thus he or she should be subject to a criminal liability stipulated in Article 167 of the Occupational Safety and Health Act for the death of the employee and whether a person who does not correspond thereto does not bear such criminal liability as above as the “person placing an order for construction works” (affirmative) Matters to be considered when interpreting the provisions on the obligations to take safety and health measures related to a contract for construction works and criminal punishment for a violation thereof under the Occupational Safety and Health Act Standard of determining whether a business owner who awards a contract for construction works corresponds to a contractee who bears criminal liability as referred to in Article 167 of the Occupational Safety and Health Act in relation to an employee of a relevant contractor who dies at his or her place of business [2] Purpose of Articles 38 and 39 of the Occupational Safety and Health Act which stipulate various duties with regard to a business owner and purpose of Articles 168 Subparag. 1 and 173 of the same Act which impose punishment on a violation of the above provisions Where a business owner, etc. fail to perform necessary measures stipulated in Articles 38 and 39 of the Occupational Safety and Health Act, whether such act, in itself, constitutes violations of Articles 38, 39, 168 Subparag. 1, and 173 of the same Act (affirmative) | |
