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(영문) 창원지방법원 2018.07.19 2018고단1252
산업안전보건법위반등
Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management who is responsible for and manages the safety and health of employees belonging to A as the representative director of B, and the defendant B is a corporation established on December 1, 1995 for the purpose of manufacturing motor vehicle parts with its head office in Kimhae-si.

1. Defendant A’s business owner shall take safety measures, such as attaching products, materials, absence, etc. to prevent danger to workers, and when handling heavy water, he/she shall conduct a prior investigation into the relevant work and workplace’s topography, ground, and geographical layers, etc. in order to prevent the danger to workers, and record and preserve the results thereof, and shall prepare a work plan in consideration of the results of the investigation and have it perform work in accordance with the plan. The Defendant, a representative director, has the duty of care to thoroughly prevent accidents by implementing safety measures to prevent the transition of products, etc., and preparing and implementing a work plan.

Nevertheless, at around 10:13 on December 15, 2017, the Defendant, at the press room of the above factory cutting process, did not install a preventive loading stand in a way that does not go beyond 6,820km in its original form, and did not prepare and implement a work plan for handling heavy objects, and applied the victim F (36 years of age) who was engaged in the business of cutting off broadband by negligence, such as preparing and implementing a work plan for handling heavy objects.

Accordingly, the Defendant violated the duty of care as above, and at the same time caused the death of the victim with a scarcity pressure to the victim at the site due to the risk prevention and safety measures.

2. As to the Defendant’s business, the Defendant Company B, a representative director, caused the death of the Victim F, in violation of risk prevention and safety measures as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1.With respect to G, H, and I:

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