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(영문) 창원지방법원 통영지원 2018.08.20 2018고정215

산업안전보건법위반

Text

Defendant

A shall be punished by a fine of KRW 5,000,000, and by a fine of KRW 5,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the corporation B established for the purpose of manufacturing business, such as gambling, etc. in Masan-si, Changwon-si, Masan-si D.

A business owner shall take measures necessary for the prevention of any danger caused by machinery, apparatus and other equipment when running his/her business.

The business owner shall install a saw prevention device on the saw machine for wood processing.

No business owner shall allow any machinery, tools, equipment, water tools, etc. to be used for any purpose other than that at the time of manufacture.

When a worker handles machinery that embling a structure or embat on the day, the business owner shall have him/her use locks that do not pose a danger to his/her hand, such as leathers, etc., to which the worker's hand can be fasted.

On July 25, 2017, the Defendant, while allowing workers E to carry out the work of cutting off members to the Hasung-gun F, Jinsung-gun F, the Defendant did not install a saw contact device on the hack-saw machine used for wood cutting, and used the hacker for wood processing machinery not for the purpose at the time of production. As above, the Defendant provided workers E using the hacker machine for wood processing as a hacker machine not for a hacker, such as the hacker, but for a hacker, and provided them with a hacker, instead of a hacker that does not pose any risk

2. B (Representative Director: A) The representative director, who is the employee of the defendant, has not performed the necessary safety measures as described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police statement related to G;

1. Transmission of materials related to nests and saws (KMC Mes);

1. A certificate of self-regulation;

1. Application of Acts and subordinate statutes to review whether safety measures are taken or not;

1. Article 67 Subparag. 1 and Article 23(1) of the Industrial Safety and Health Act; Defendant B, a person who is selected to impose a fine, as to the facts constituting an offense; Articles 71, 67 Subparag. 1, and 23(1)1 of the Industrial Safety and Health Act.