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(영문) 창원지방법원 2018.07.06 2018고단1048
산업안전보건법위반
Text

Defendant

A KRW 5 million, Defendant B was punished by a fine of KRW 3 million, and Defendant C was punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

Defendant

C is a business owner of a legal entity established for the purpose of the disposal of waste oil by using eight full-time workers while operating the Kimhae factory located in the F in Gyeyang-si, Yangsan-si, and the defendant A is a representative director of the Co., Ltd. who is in charge of safety and health management in charge of affairs concerning the direction of work and the safety and health of workers belonging to Kimhae-si, and the defendant B is a vice head of the Kimhae-si factory, who assist the defendant A and supervises affairs concerning safety and health of workers belonging to the Kimhae-si

1. The business owner of Defendant A shall pay a safety cap to workers engaged in any work, the object of which is removed or which is likely to fall, or which is likely to fall, to wear the safety cap;

Nevertheless, at around 14:51 on October 11, 2017, the Defendant: (a) caused the victim H (70) who was employed by C in the above Kimhae Factory to engage in the work of cutting the wall body pipe on the drum, and did not take measures to provide the safety cap and wear the wall so that the Defendant would be faced with the head on the floor by getting off the victim who was landed in the drum.

Ultimately, around October 13, 2017, the Defendant caused H to death due to brain damage at the Dong University Hospital located in Busan, Seo-gu, Seo-gu, Busan, instead of Busan, on October 13, 2017.

2. Defendant B, as the vice head of the Kimhae Factory Co., Ltd., had a duty of care to prevent accidents that may occur in the Kimhae Factory, such as allowing the employees belonging to the above factory to wear safety caps and to verify whether there is no dangerous working elements, etc.

Nevertheless, the defendant neglected to do so, and around 14:51 on October 11, 2017, the victim H to a person who worked in the above Kimhae Factory Co., Ltd., for the purpose of making the warehouse entrance.

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