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(영문) 대구지방법원 서부지원 2015.05.13 2014고정447

산업안전보건법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative of Daegu-gu CD located in the Daegu-gu, and a business owner who ordinarily employs five workers and engages in processing and recycling plastic materials production business, who is responsible for all matters concerning the safety and health of workers belonging to the place of business.

The business owner shall take measures necessary for the prevention of any danger caused by equipment, such as machinery, apparatus, etc., in operating his/her business, and as part of the measures, he/she shall adjust in advance so that both medium-sized machines (including mobile tents), emergency stop devices and brakes can work normally.

Nevertheless, from June 28, 2013 to November 29 of the same year, the Defendant did not install and operate an emergency stop device, which is a mobile safety device of 1t among the rated load in the above workplace, from around June 28, 2013.

2. According to the evidence duly adopted and examined by this court, the defendant operated plastic raw material production plant in Daegu-gu E (hereinafter “Tgu factory”) in the past. On February 19, 2013, the complainant was faced with an accident under pressure of selling while performing mobile tent work in the above Daegu-gu factory. ② On November 2013, the defendant transferred a new place of business to the G of the Gyeongbuk-gu (hereinafter “Seoul-gu factory”), and from the beginning, the elderly factory did not move the cream used in the Daegu-gu factory. ③ On the date of the on-site investigation of the Daegu factory in accordance with the complainant’s report, the defendant was equipped with a confirmation document that the emergency safety device was removed, not with the confirmation document that the safety device was installed in the body of the controlled entity (hereinafter “the first place of business”). < Amended by Act No. 12873, Feb. 11, 2014>