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(영문) 창원지방법원 거창지원 2013.07.10 2013고정63

산업안전보건법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

B is a corporation that has a place of business in Gyeongcheon-gun C and is engaged in forestry with 10 full-time workers, and the defendant A is an employer who acts for a corporation as a real representative of the above corporation B.

1. Defendant A: (a) A, a business owner should pay safety caps and security signals to workers engaged in an operation in danger of flying off or flying off objects; (b) but did not take such measures; (c) on June 6, 2012, Defendant A, a worker F, who used a mechanical saw at the “E business site” located in Gohap-gun, Gyeongcheon-gun, Gyeongcheon-gun, for the use of the mechanical saw at the 15:00 on the 15th day of June, 2012, caused the general disaster requiring medical care for 99 days.

2. Defendant B did not take safety measures necessary to prevent workers’ industrial accidents as described in paragraph (1) with respect to its business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of reference to the F;

1. Application of the Acts and subordinate statutes to field reports;

1. Article applicable to criminal facts;

(a) Defendant A: Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (2) of the same Act;

(b) Defendant B: the main sentence of Article 71 of the Occupational Safety and Health Act, and Articles 67 subparagraph 1 and 23 (2) of the same Act;

1. Selection of each alternative fine for punishment;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;