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(영문) 울산지방법원 2015.12.16 2015고단2179

산업안전보건법위반

Text

Defendant

A Imprisonment for six months, a fine of 5,00,000 won for Defendant B, and a fine of 1.6 months for Defendant C.

Reasons

Punishment of the crime

[Status of Defendant A, as the representative director of Defendant B, is a person who acts on behalf of the business owner in relation to the safety and health of his employees. Defendant B is a corporation established for the purpose of the business of manufacturing soft-gun J-gun, Ulsan-gun, and human resources supply business. Defendant C, as the representative director of the limited company D, is a person in general charge of safety and health who acts on behalf of the business owner in relation to the safety and health of his employees and contractor, and Defendant D is a corporation established for the purpose of manufacturing business, such as plastic surface design design, etc., located in K in Yangsan-si, Namnam-si, and the victim L (L, Thailand nationality, 32 years old) is a

【Criminal Facts】

1. Where a defect in machinery or protective devices is found, a business owner of a defendant A shall ensure that workers are employed after maintaining the defect, and shall not dismantle or stop the use of protective devices installed in machinery, apparatus or equipment;

Nevertheless, at around 12:00 on April 7, 2015, the Defendant did not maintain the front side of the scriptive machine in a state where the safety door of the scriptive machine is defective, and suspended the use of the scriptive device that is electrically connected with the safety door and caused the victim to perform the removal of the internal substance. As a result, the front side of the scriptive machine is closed down in the scriptive machine, and the front side of the scriptive machine is at the wind where the scriptive machine is operated, and the death was caused immediately by pressureing the victim’s head and body.

2. Defendant B, who is an employee of the Defendant, committed the same offense as that of paragraph (1) in relation to the Defendant’s business.

3. Defendant C

(a) If a business owner finds a defect in machinery or protective devices, he/she shall ensure that workers are employed after maintaining the defect, and dismantle or dismantle the protective devices installed in machinery, apparatus or equipment;