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(영문) 인천지방법원 부천지원 2019.08.23 2019고정454

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates the manufacturing industry in Kimpo-si, and Defendant B is a representative director of Defendant A and a person in charge of safety and health management who is obligated to take safety and health measures to prevent industrial accidents of his employees.

1. Violation of the Occupational Safety and Health Act following D death of disaster workers;

A. On May 14, 2018, Defendant B did not perform the duty to take safety measures as set forth below at the above place of business, and the occurrence of a sudden explosion occurred in the vicinity of the crushing machine at the above place of business, and as a result, employee D (ma, 48 years old) who was under inspection for the completion of work at the place was killed by a hemical show showe show, on July 30, 2018, when he was treated at the Seoul E Hospital, after suffering from 66% flame images of the telegraph.

Accordingly, the defendant violated the duty to take safety measures under the Occupational Safety and Health Act and caused the death of the worker.

(1) When the business owner handles water reaction materials and inflammable body, he/she stored or handled completely sealed containers to prevent contact with water, or stored or handled them in a building where rainwater, etc. do not smelt, but stored or handled them in an open space.

(2) Although it is necessary to prepare and manage the division map of the place where inflammable objects are manufactured and used, it is not necessary to prepare the division map of the place where inflammable objects are inflammable objects, while performing the work of using Aluminium belonging to inflammable objects and not preparing the division map of the place where explosion risk exists.

(3) In a place where inflammable solid exists and thus an explosion or fire is likely to occur, measures such as air ventilation, ventilation, and removal of dust shall be taken to prevent explosion or fire caused by the relevant steam, gas, or dust, and measures such as air ventilation, ventilation, and removal of dust shall be taken.