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(영문) 수원지방법원 안산지원 2014.06.12 2014고정385
산업안전보건법위반
Text

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

Defendant

If A fails to pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. operates business with 35 full-time workers at the company established on October 19, 199 with its head office located in Silung-si, and with its business purpose. Defendant A is a person who takes office as the representative director of B Co., Ltd. on October 19, 2002 and is responsible for the safety and health of its employees. At least two business closure disasters conducted on August 6, 2012 with regard to the said place of business, the following violation of the Industrial Safety and Health Act was committed as a result of the regular supervision of the place of business:

1. Defendant A:

(a) Although safety risks should be installed on the open side of stairs with a height of not less than 1m, safety risks should not be installed on the stairs connecting the first floor and the second floor (control team);

(b) Although workers have contacted with or approaching electric machinery, apparatus, etc. due to their work or passage, they did not take a smoke-saving measure on the charging unit, even though they take a smoke-saving measure.

C. Although a solid structure protection network should be installed to prevent electric shock, etc. caused by damage to electric wires, etc. that connect the mobile wires, etc. for temporary use, the protective network was not installed on the temporary power lines, etc.

2. Defendant B violated the Industrial Safety and Health Act by failing to perform the duty of safety measures necessary for the prevention of industrial accidents, as described in paragraph (1), with respect to the business of Defendant A who acted on behalf of the above company.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on safety and health (integrated) supervision, including manufacturing business;

1. Copy of corporate register;

1. A report on the results of supervision;

1. Application of Acts and subordinate statutes governing the revocation of a corrective order;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act, Article 23 (1) 3 of the same Act, and Article 23 (3) of the same Act;

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