logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.03.18 2015고정2895
산업안전보건법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative director of C Co., Ltd. and a person who acts for C Co., Ltd., a business owner as a safety and health management manager who actually manages all matters concerning safety and health of workers belonging to the above business place.

In order to prevent any danger by machines, apparatus, and other equipment in running a business, if it is anticipated that any worker might pose a danger to the worker in performing the maintenance, cleaning, water supply, inspection, repair, replacement, or adjustment work of small machinery, transportation machinery, construction machinery, etc., or other similar work, the business owner shall stop the operation of the relevant machinery, and shall take necessary measures, such as using safety blocks, in order to prevent any danger that the worker engaged in the relevant work might pose a danger to the worker by properly operating the slot, etc.

Nevertheless, on August 13, 2015, at around 09:06, the Defendant: (a) suspended the press machine at the press line 1 presses D, or did not use a safe block; (b) was sleeped between the slot and the gold-type, and caused workers’ death.

Accordingly, the Defendant did not take necessary measures to prevent risks that might occur to workers during the above work process, thereby causing workers D's death.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to a report on a serious disaster, a copy of death certificate, an industrial safety and health management organization, and a written opinion on serious accident

1. Article 66-2 and Article 66-2 of the Industrial Safety and Health Act concerning facts constituting a crime and the selective punishment;

arrow