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(영문) 제주지방법원 2014.04.04 2014고정162
업무상과실치상등
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In Jeju, the Defendant is a business owner who engages in the manufacturing business of furniture in the name of “D” and is a person who takes overall charge of and manages the safety and health affairs of the aforementioned D factory.

1. The Defendant, as a person in charge of safety management of the above factory, was responsible for the duty of care to prevent accidents, such as installing a saw-to-stop prevention device at all times to automatically cover the date other than the date necessary for cutting the processed materials, when he does not cut the processed materials.

Nevertheless, the Defendant suffered injury, such as 5:00 on April 13, 2013 to 16:00 on the right side loss of the victim F (the age of 23) who is a worker, while having performed the foundation work, such as joint board, using the saw machinery at D D factory in Jeju-si from April 13, 2013 to 16:00.

2. Although the business owner has to take necessary measures to prevent any danger caused by machinery, apparatus or other equipment in operating his/her business, he/she did not install a saw-to-stop prevention device as provided in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A medical certificate (F), a certificate of entrance admission, etc.;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act, Article 268 of the Criminal Act, Article 67 subparagraph 1 of the Occupational Safety and Health Act, Article 23 (1) of the same Act, and the selection of fines, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of concurrent crimes (which shall be limited to the sum of the maximum amount of the crimes above)] among concurrent crimes;

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

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