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(영문) 창원지방법원 2014.01.14 2013고정1212
산업안전보건법위반
Text

1. The Defendants shall be punished by a fine of KRW 300,000.

2. Where Defendant A does not pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is a person who is responsible for the safety and health of his employees as the representative director of Defendant B Co., Ltd. in Kim Sea-si, and Defendant B is a corporation established for the purpose of selling glass, etc. on December 21, 1993, and is a business owner who runs the glass wholesale business, etc. using 41 full-time workers.

1. Where the defendant A carries out work using a vehicle gauge, loading, unloading, transportation, machinery, etc., he/she shall prepare a work plan which includes measures for the prevention of danger, such as the fall, fall, electric failure, narrow landing, collapse, etc., and operation routes and work methods, and shall require the defendant A to carry out work in accordance with such plan, and shall take measures necessary for the prevention of danger, such as requiring workers to wear a safety belt, where it is impracticable to install a work plate, safety prevention net

Nevertheless, on January 7, 2013, the Defendant, at around 17:15, prepared a work plan containing safety measures at the above Co., Ltd. B, or did not take measures to prevent fall, and had the driver G of truck (19 tons, vehicle number F) drive G work at the upper end of the glass board (3.5 meters above the height), and caused an accident, such as the left-hand alley, by falling the center of the above G, falling on the floor and falling on the top, resulting in an injury such as the left-hand alley.

2. Defendant B, at the time and place of the preceding paragraph, did not take necessary measures to prevent the danger of workers as described in the preceding paragraph by the representative director A, who is his employee, with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each police statement of G and H;

1. Research and written opinions on general disasters, and application of Acts and subordinate statutes reporting the result of corrective measures;

1. Article 71, subparagraph 1 of Article 67, and Article 23 (3) of the Occupational Safety and Health Act (Selection of Fines to Defendant A), respectively, shall apply to the relevant criminal facts and the choice of punishment;

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