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(영문) 수원지방법원 안산지원 2013.06.11 2013고정517

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No business owner shall use a place where explosives or fire is likely to occur due to dangerous substances, or a fire, machinery, apparatus, tools, tools, etc. which take place or are likely to take high temperature in the upper part thereof.

Nevertheless, on April 1, 2012, the Defendant’s actual manager, at the site of “D Factory Extension Works for the Company D” located in the Dong-gu, Ansan-si, Seoul, by allowing workers E to use a contact device that is likely to cause flame to workers E at a painting work site where a fire is likely to occur, and the Defendant suffered approximately 13 weeks of treatment for said E.

Accordingly, the defendant, who is the employee of the defendant, did not take measures necessary to prevent risks caused by inflammable substances in relation to the defendant's business.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Opinion on the initial medical examination of the industrial accident compensation insurance, and written opinion on the accident investigation;

1. A contract agreement;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 38 pages);

1. Article 71 of the Occupational Safety and Health Act and Articles 77 subparagraph 1 and 23 (1) of the same Act concerning facts constituting a crime (the point of failing to take measures to prevent danger to the employees of the accused and the selection of fines);

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.