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(영문) 의정부지방법원 고양지원 2016.06.24 2016고단990

산업안전보건법위반

Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A The representative director of the AB, who acts for the business owner with respect to the prevention of industrial accidents of its employees, and the defendant B is the business owner who operates the household product manufacturing business by making use of 25 full-time workers in the location of the Papju City.

1. Pursuant to Article 23(1) of the Industrial Safety and Health Act, Defendant A’s business owner shall take measures necessary for the prevention of hazards caused by electricity, heat, and other energy in running his/her business.

In this regard, in the indoor workplace where a business owner is at least 400 square meters in total floor area or at least 50 full-time workers work, he/she shall install warning equipment or devices to promptly inform workers of the emergency.

Nevertheless, the Defendant did not install warning equipment or devices within the workplace on May 28, 2015. On May 14:36, 2015, even if a fire occurred within the above workplace, the Defendant caused the death of the employees D, who were in charge of painting work, in an enclosed space, and the employees E, who were in charge of household transport work on the 2nd and second floor of the factory, suffered from the injury of the elbow joints by leaving the fire in the 2nd floor.

2. Defendant B Co., Ltd. committed the above violation in relation to Defendant B’s work at the above date, time, and place, and caused D’s death.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Details of confirmation of fact, such as telephone;

1. Application of Acts and subordinate statutes to a report on investigation (acquisition of a fire site investigation report);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 66-2 and 23(1) of the Industrial Safety and Health Act (the point of death of a worker D due to a violation of safety measures obligation) and Article 268 of the Criminal Act (the point of occupational duties and loss of a worker E);

(b) Defendant B: Articles 71, 66-2, and 23(1) of the Industrial Safety and Health Act

1. Defendant A with ordinary concurrence:

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