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(영문) 부산지방법원 2015.05.21 2015고정765

산업안전보건법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of D in Gangseo-gu Busan Metropolitan City, who is a business owner engaged in precise machinery manufacturing business using nine regular workers.

A business owner shall take measures necessary for the prevention of any danger caused by machines, apparatus, and other equipment in operating his/her business, and accordingly he/she shall install a cover, sound, slurb, slick, slurb and slurb, etc. on the parts where workers are likely to face danger, such as a motor, circuit, slurb, slurb, slurb, etc. of machinery.

Nevertheless, at around 15:00 on October 10, 2014, the Defendant failed to take measures necessary to prevent risks caused by machinery, apparatus, and other equipment by failing to install a cover, etc. for the protection of workers on the Belgium 2 set of the bargaining machine in which workers in the production site of the above workplace work are engaged in metal processing.

Summary of Evidence

1. Defendant's legal statement;

1. Improvement cases of safety and health inspection marks, business registration certificates, reports on the results of supervision, corrective orders, and corrective orders, such as manufacturing business;

1. Application of statutes on field photographs;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Articles 23 (1) of the same Act concerning facts constituting an offense and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;