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(영문) 창원지방법원 거창지원 2012.08.29 2012고정60
산업안전보건법위반
Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. Defendant B is a corporation established for the purpose of manufacturing and selling fruit water with three regular workers, and Defendant A is a representative director of the above company who manages safety and health affairs of its employees. A.

Defendant

A, when an employee under his/her jurisdiction engages in the work of loading, unloading, transportation, machinery, etc., he/she shall conduct a prior investigation into the relevant work, topography, ground-to-ground conditions, etc. in the relevant work site, and prepare a work plan in consideration of the result thereof, and shall, in the event that the work of using the vehicle mooring, loading, unloading, transportation, machinery, etc. is likely to cause danger to the employee, he/she shall either remove the person who guides the machinery and take measures to prevent the corrosion of the ground, but due to the failure to take such measures, around 17:00 on October 7, 201, at around 25:00, after completing the work of loading and unloading from the relevant work of loading and unloading by one ton, and after completing the work of loading and unloading by one ton in the relevant work site, he/she shall prepare the work plan and have the worker do so in accordance with the said plan, but at the same time, he/she shall cause the worker to suffer the death of the same month, such as the above vehicle, and causing the death of the injury of the C: 15th of the same month.

B. Defendant B did not take the above safety measures as to the Defendant’s business at the above date, time, and place, thereby causing the death of his employee C.

2. Article 66-2 of the Industrial Safety and Health Act provides that a person who causes the death of a worker in violation of Article 23(1) through (3) or Article 24(1) of the same Act shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won. Meanwhile, Defendant A, the representative of Defendant B, a stock company, is subject to Article 23(2) of the same Act.

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