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(영문) 대전지방법원 논산지원 2014.02.14 2013고단457

산업안전보건법위반

Text

1. Defendant A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

2. Defendant B.

Reasons

Punishment of the crime

Defendant

A is a company aimed at the business of manufacturing fertilizers, and Defendant B is the representative director of Defendant A, who was responsible for the safety and health management for preventing industrial accidents of his employees.

1. The Defendant B’s business owner shall install a work launch board by means of assembling the vision, etc. in a case where the workers might be at the time of conducting work at a place where the workers might fall or fall down;

Nevertheless, at around 16:00 on January 14, 2013, the Defendant instructed the victim E, who is an employee of the said company, to take the above safety measures to cover the vinyl above a ton of compost, and did not take such measures, and the victim was slicked so that it could fall off on the floor.

As a result, the Defendant violated the business owner's duty to take safety measures, and caused the victim to suffer injury due to negligence in the course of business, such as chest pressure pressure pressure for about 12 weeks.

2. Defendant A Co., Ltd. did not take the aforementioned safety measures with respect to its business, when and at the time and place specified in paragraph (1) B, who was the representative of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police officer on F;

1. Application of the respective Acts and subordinate statutes to the written opinion on the industrial accident compensation insurance, the written opinion of advisory doctors on the industrial accident compensation insurance, and written opinion on the general accident investigation; and

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 71, 67 subparagraph 1, and 23 (3) of the Occupational Safety and Health Act;

B. Defendant B: Article 67 subparag. 1 and Article 23(3) of the Industrial Safety and Health Act (a violation of a duty to take safety measures), Article 268 of the Criminal Act (a violation of a duty to take safety measures), and selection of fines for negligence

1. Defendant B from among concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of added-up) of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 and 69 of the Criminal Act.