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(영문) 수원지방법원 평택지원 2014.04.30 2013고정858
산업안전보건법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who runs a fish farm business under the name of “D farm” in Ansan-si, using three full-time workers.

A business owner shall take measures necessary for the prevention of danger to machinery, tools, and other equipment, and when workers handle day, structures, or strawing machinery, he/she shall require the workers to use locks that do not pose a danger to kack by hand, such as leathers, etc., to which the workers’ hand can be fasted.

Nevertheless, the Defendant, on June 26, 2012, ordered workers E, F, etc. to perform works for re-repair of money in the said D farm, and had workers wear anti-driving locks and put them on the shoulder. In addition, the Defendant, on June 26, 2012, ordered workers to wear anti-driving ropes and put them on the shoulder worn by F.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (1) of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the Defendant’s assertion did not constitute a fact that the F, an employee, ordered the F, to engage in the re-repair of money, and the F, who had voluntarily participated in the re-repair of money and sustained injury, stated that the facts charged in the instant case cannot be recognized.

2. In light of the judgment, according to Article 23(1)1 of the Occupational Safety and Health Act, a business owner must take necessary measures to prevent “risk by machinery, apparatus, or other equipment” when operating a business, and Article 95 of the Rules on Industrial Safety and Health provides that if a worker handles day, structure, or machinery that spawned by a satch, the business owner is at risk of satisfing the worker’s hand, such as locks, where the worker handles the satisfy, etc.

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