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(영문) 청주지방법원 2014.12.23 2014고정929

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B is a juristic person that carries out animal feed manufacturing business, etc. using approximately 16 full time workers in E-factory located in the petition-gu, Cheongju-si (hereinafter “instant factory”), and Defendant A is a representative of Defendant B’s partnership, who is a general person responsible for safety and health affairs of workers belonging to the said workplace.

1. Defendant A

A. The Defendant, as a business owner, did not take measures necessary to prevent health disorder caused by noise in the course of running his/her business, did not either provide workers engaged in noise work with his/her protective equipment and wear such protective equipment (Article 516(1) of the Rules on Industrial Safety and Health). At the time of crackdown on August 25, 2014, the Defendant did not require workers engaged in packing processes, which produce noise exceeding average 85 dB (A) at the instant plant to wear protective equipment, such as ear dogs, or wear such protective equipment.

(b) With respect to an indoor place of work performing dusty work, which does not take measures necessary to prevent health disorder caused by dust in the course of performing his/her business, or her business using or her grain in the form of smelting, dumping, and packing, a national air exhauster shall be installed in order to reduce dust caused by dust in the relevant dust work, and a low-hand external back-proof external back-type refracker installed with a national air exhauster shall be equipped with one meter/ seconds of control wind;

(Article 607 and Article 609 of the Rules on the Standards for Industrial Safety and Health. Nevertheless, at the time of crackdown on August 25, 2014, the Defendant installed and used a low-hand external post-marroid in a place where grain drying, etc. are injected and melted in the instant plant at the time of the dusty work, which did not have the above performance.

2. Defendant B did not take measures necessary to prevent each health disorder, as described in paragraph (1), at the time of regulating August 25, 2014, when the representative of the association president A carried out the Defendant’s business in relation to the Defendant’s business.