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(영문) 대전지방법원 홍성지원 2015.10.02 2015고단536

산업안전보건법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of the “D” in Chungcheongnam-gun, is a person engaging in both money and money business with six full-time workers.

The Defendant, as a business owner, had a duty of care to prevent an accident in which the physical body of the employee in the operation of a set is caused between the set and the work unit by installing a linkage system to suspend the operation of the set or using the set salvaged so that the shipment of the cargo can be in line with one side of the set, as a whole, in using the set in the above D.

Nevertheless, the Defendant used lifts that did not undergo safety inspection in the condition that the cargo was carried in as a whole with one side and as a whole, and did not install a linkage system, and used the relevant lifts without conducting education on the precautions when using it to workers.

The Defendant, at around 10:00 on March 26, 2015, while the victim E (the age of 49) was working to transport pigs from the second floor of the said D d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A letter of name of a disaster investigation;

1. Application of Acts and subordinate statutes to autopsy reports and autopsy and appraisal reports;

1. Relevant Article 268 of the Criminal Act, Article 67 subparagraph 1 of the Occupational Safety and Health Act, and Article 23 (1) 1 of the Occupational Safety and Health Act (the violation of the duty to take measures to prevent danger) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant and confessions, and two times against the defendant.