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(영문) 창원지방법원 통영지원 2013.11.26 2013고단688

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a business owner of D in Tong-si, who ordinarily employs 80 full-time workers and operates a vessel processing business, and is a person who exercises overall control over safety and health of his employees.

At around 16:40 on June 8, 2012, the Defendant had his employees work on the hull lower portion (No. 1177).

The above work site was an enclosed space and was located inside a ship, which is a special place for handling organic compound. As such, the defendant, who is in a position in charge of safety and health of his employees, has a duty under the Occupational Safety and Health Act to install and operate ventilation devices necessary to prevent any infringement on health by using raw materials, gas, steam, powder, dust, etc.

Nevertheless, the Defendant did not take necessary measures to prevent health disorder by allowing workers to continue to work in a situation where all inside a ship is cut off during the hours of work in p.m. and not ventilation inside the ship.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a letter of disaster investigation;

1. Article 67 subparagraph 1 of the same Act and Article 67 (1) and Article 24 (1) 6 of the Occupational Safety and Health Act regarding criminal facts, the selection of fines for the crime (such as the first offender, the agreement with a disaster worker, and the fact that a disaster worker is liable for the accident)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;