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(영문) 광주지방법원 목포지원 2013.04.23 2013고정122
산업안전보건법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the head of a factory of Yong-Namnam Cancer Group B (hereinafter “B”) and is a person in charge of safety and health management who exercises overall control over the employment and use of employees belonging to the above workplace, work instruction, safety and health measures, etc.

The business owner shall install safety risks in the aspect of the open stairs the height of which is not less than 1m.

Nevertheless, on August 2, 2012, the Defendant did not install a safe distance on the open side of the stairs for entry (G Rate 6) at the shipment site of the product at the same place of business.

(b) In the places where workers might fall down, as the end or opening of the work plate and passage, the business owner shall install a strong structure with sufficient strength protection measures, such as safety railing, fences, vertical fall-off nets, or covers;

Nevertheless, on August 2, 2012, the Defendant did not install safety risks in the product manufacturing team of the said place of business on August 2, 2012.

(c) A hacker or an hacker with sufficient smoke-saving effect shall be installed to prevent electric shocks for charging parts, which are in danger of electric power by having contacted or approaching the charging parts of electric machinery, apparatus, or street, etc. due to work, passage, etc.;

Nevertheless, on August 2, 2012, the Defendant did not install a protective net or a diver with a diversative effect on the outdoor electric power charging unit in the boiler room in the said place of business.

2. Defendant B did not perform his duty to take safety measures as set forth in paragraph (1) with respect to Defendant B’s work at the time and place set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of Acts and subordinate statutes to a corrective order or corrective order;

1. Article 67 of the Occupational Safety and Health Act and subparagraph A of the option of criminal facts: Article 67 of the same Act and Articles 23 of the same Act;

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