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(영문) 전주지방법원 정읍지원 2012.10.16 2012고단355

산업안전보건법위반

Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, who is responsible for the safety and health management of the place of business of the company in the preceding North Korea-gun C.

1. Defendant A

(a) Business owners shall take measures necessary for the prevention of hazards caused by improper work methods in excavating, quarrying, stevedoring, timbering, transporting, operating, dismantling, the handling of heavy objects, and other work;

On March 28, 2012, the Defendant prepared a work plan for the prevention of danger, such as falling, falling, falling, electric intensity, rapid landing, collapse, etc., and for the operation route and work method of loading and unloading of vehicles, and 2) despite the fact that the Defendant does not have access to workers or assign a conductor or an guide to the pertinent work at the place where cargo or loading and unloading or transporting is in contact with the loading and unloading vehicles, etc., which might cause danger to workers, the Defendant did not take such measures as above, and caused death by being charged to the dump truck belonging to the said company where the victim D (n, 70 years old) was in progress.

B. Although a business owner needs to install covers on the parts, such as mechanical engine engines, electric percussion locks, etc. which are likely to face danger to workers, he/she did not install a cover on the whole part of the unit, such as the time and time indicated in the foregoing paragraph, VVxt in the string-dong unit installed within the said place of business, Vxxt in the air compressed-dong unit, Vxxt in the waste separation and removal facility, and the part of the unit Vxt in the Gu-dong unit.

C. In the event a business owner requires harmful or dangerous work, the business owner used the protective devices to prevent harm and danger at the time and place indicated in the foregoing paragraph, and without installing a self-fachisor for exchange booming machine in the same place of business.

2. The date and time stated in paragraph 1 of this Article;