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(영문) 창원지방법원 진주지원 2014.06.18 2014고정68

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of the special cargo transport business in Jinju-si, which employs three full-time workers, and Defendant B is a representative director of the corporation A, who is responsible for the safety and health of his employees.

1. Where a business owner engages in the work of loading, unloading, transporting, machinery, etc. on vehicles, he/she shall prepare a work plan which includes measures, etc. to prevent danger to workers, such as the fall, fall, electric power failure, narrow landing, collapse, etc. in accordance with the relevant work, and have workers work in accordance with the plan;

Nevertheless, the Defendant violated these measures, around 12:20 on June 5, 2013, ordered workers E of Company A to load cargo trucks, which are truck transportation equipment for loading and unloading, at the site entrance of the production-based maintenance work site located in Gyeong-gun, Cheongnam-gun, Gyeongnam-gun, and caused the death by being adhered to the back of the racker while the racker is driving, and the truck driver and the back of the racker.

2. Defendant A, a corporation, committed a violation as described in the preceding paragraph by the representative director B, who is an employee of the Defendant, at the time and place of the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A report on the occurrence of serious accidents, and a written opinion on disaster investigation;

1. Application of Acts and subordinate statutes concerning autopsys;

1. A stock company with the applicable legal provisions and the choice of punishment for criminal facts: Defendants B of Articles 71, 66-2 and 23 (2) of the Occupational Safety and Health Act; Articles 66-2 and 23 (2) of the Occupational Safety and Health Act; Selection of fines;

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;