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(영문) 청주지방법원 2012.05.31 2011고정1256
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is a person who is in the position of being responsible for safety and health management for the prevention of industrial accidents by workers employed as the representative of the Boan Factory, who is a general aggregate or stone gathering company using 15 full-time workers in Chungcheongnam-gun, Chungcheongnam-do.

When a business owner engages in the work of using a vehicle system construction machinery, he/she shall take necessary measures, such as the placement of a guideer, the prevention of ground subsidence, the collapse of a sideway, and the maintenance of road width, etc., in cases where the workers are likely to be dangerous due to the breaking or digging down of the machinery.

(Article 199 of the Regulations on Industrial Safety and Health. Nevertheless, around August 25, 2011, the Defendant did not take necessary measures, such as assigning a person who leads workers to take the bottom-up operation of a blasting place using a refracker, a construction machine for vehicles, in the field of aggregate and stone gathering in the B B B B factory located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to prevent the subsidence of the ground, to prevent the collapse of the sideway, and to maintain the width of the road.

2. Defendant B, a corporation, the head office of which is located in Cheongju-si U.S., and a factory is located in Cheongbuk-gun E, the head office of which is located in Cheongju-si.

Defendant A, who performed an act on behalf of the Defendant at the date, time, and place specified in the preceding paragraph, failed to take safety and health measures as above with respect to the duties of the Defendant.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement made by the police officer in G; and

1. Images of CDs;

1. Images of each photograph;

1. Application of Acts and subordinate statutes to the written complaint;

1. Article 67 of the Occupational Safety and Health Act and Article 23(3) of the same Act concerning criminal facts A: Defendant B corporation: Articles 71, 67, and 23(3)1 of the same Act;

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