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(영문) 청주지방법원 충주지원 2015.11.11 2015고정127

산업안전보건법위반

Text

Defendant

A A Fine of 5,00,000 won, Defendant B Company A of a fine of 3,00,000,000 won, and Defendant C Company of a fine of 1.

Reasons

Punishment of the crime

Defendant

A is the actual representative and operator of corporation B and C in Chungcheong City.

1. Defendant A

(a) Where a business owner engages in the work of loading, unloading, transportation, machinery, etc. on a vehicle system, he/she shall, in order to prevent any danger to workers, prepare a work plan which includes the matters in accordance with the operation routes and work methods of the vehicle system, such as the fall, fall, electric failure, narrowness, collapse, etc. in accordance with the relevant work, and the operation methods of the loading, unloading, transportation, machinery, etc. on the vehicle system, and require workers to use the relevant work in accordance with the relevant plan; where any defect in machinery or protective devices is discovered, he/she shall ensure that workers are always maintained; and where the driver of the construction machinery in the vehicle system, such as the loading, unloading, transportation, machinery, etc. leaves his/her driver'

Nevertheless, at around 07:30 on November 9, 2014, the Defendant: (a) failed to prepare the aforementioned work plan at the site of the collection of earth and rocks, 2014, and did not work properly; (b) but failed to maintain the booms, etc., but (c) failed to take such measures as above, and (d) ordered E, workers belonging to Company B, to stop the oil tank at the temporary site for the purpose of conducting the astronomical work related to blasting on the said site; (b) went away from the driver’s seat of the oil train, and caused the death of the oil tank, etc., which was stopped at the temporary site of the oil tank and the blasting team, and caused the death of the oil tank, which was slowly cut down, due to an excessive outflow, etc. between the oil tank and the blasting team.

Accordingly, the Defendant did not take necessary measures to prevent risks by machinery, apparatus, or other equipment when operating his business, thereby causing the death of the employee.

(b).