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(영문) 춘천지방법원 강릉지원 2013.06.11 2013고정12

산업안전보건법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a C's business owner who employs 14 regular workers in Gangnam-si B and engages in a wood manufacturing business, and is a safety and health management manager for workers belonging to the same place of business.

On October 1, 2012, the Defendant: (a) at occasional supervision of safety and health for the prevention of work-related diseases, the Defendant has to install a cover on the parts where workers are likely to face danger, such as machine bells and chains; (b) however, the Defendant did not install each cover on the chain of timber transfer and borrowing and lending and the level of strings used at the place of business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D in this Court;

1. Guidance on the prevention of and supervision over work-related diseases;

1. A report on integrated supervision of safety and health, including manufacturing business;

1. A written corrective order;

1. Instructions for correction;

1. Application of Acts and subordinate statutes to report the results of corrective orders and corrective orders for violations of the Occupational Safety and Health Act;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Articles 23 (1) of the same Act concerning the selection of applicable criminal facts and punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that a cover should not be installed because the employees have no reason to access the timber transfer lending contract, and that where all coverrs are installed on the exposed side, due to the nature of the timber transfer lending contract, it cannot be installed in the chain or consortium that is exposed because of the loss of utility value due to the nature of the exposed side.

In other words, the following circumstances acknowledged by the evidence duly adopted and examined by this Court, including witness D's testimony, that is, when a timber transfer lending loan is operated, a worker is going to work on the wooden board (15 pages) immediately adjacent to the wood transfer chain, and if a cover is not installed on the chain, the loss, sprink, and clothes may occur.