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(영문) 청주지방법원 2014.10.02 2014고정348
산업안전보건법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the business owner of “E” in the Chungcheongbuk-gun D.

In conducting quarrying works, the business owner shall designate an inspector to prevent the risk of workers due to the collapse of the ground or the falling of earth and rocks, and shall inspect the site of the work and its surrounding ground, whether and not to be ruptured, and the change of the state of brine, water, water and dynamic conditions before the commencement of the work on the same day.

Nevertheless, at around 15:00 on August 8, 2012, the Defendant was engaged in the charging work for blasting at the site of a stone pit in the Chungcheongbuk-gun, and without taking measures to prevent the said danger, the Defendant suffered from a disaster where approximately 30km in weight from approximately 6.5m upper half of upper half of about 6.5m, and the worker F was in need of 236 days for first medical care.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H, I, and F;

1. Application of statutes on business registration certificates;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Articles 23 (2) of the same Act concerning the selection of applicable criminal facts and punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that "a business owner shall take necessary measures to prevent hazards caused by defective working methods, etc. in the course of conducting excavation, quarrying, etc." Article 23(2) of the Industrial Safety and Health Act provides that "a business owner shall take measures to prevent hazards caused by improper work methods, etc. in conducting excavation, quarrying, etc." and Article 370 of the Rules on the Industrial Safety and Health Standards delegated by Article 334(4) of the same Act provides that "a business owner shall designate an inspector in order to prevent hazards caused by ground collapse or falling short of soil and rocks in the course of collecting stone, and shall take measures, such as monitoring of the place of work and its surrounding ground, whether or not there is rupture and condition, and changes in brine water, water supply,

As to the instant case.

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