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(영문) 의정부지방법원 고양지원 2016.10.21 2016고단992
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a representative director of B, who performs industrial accident prevention business, and Defendant B is a business owner who employs two full-time workers in D at the time of strike and operates logistics agency business.

1. A business owner of a defendant A shall take measures necessary to prevent risks caused by machinery, apparatus, and other equipment pursuant to Article 23 (1) of the Occupational Safety and Health Act;

In this regard, when a business owner engages in the work of using a vehicle system, loading, unloading, transportation, machinery, etc., he/she shall prepare a work plan that includes the prevention of danger, such as fall, fall, electric failure, narrow landing, collapse, etc., operation route, work method of loading, unloading, transportation, machinery, etc. on the vehicle system, etc. in order to prevent danger to workers, and shall require workers to perform the work in accordance with such plan (Article 38(1) of the Rules on Industrial Safety and Health), and in cases where the work of using a vehicle system, loading, unloading, transportation, machinery, etc. on the vehicle system is likely to cause danger to workers, he/she shall place a person who shall induce the machinery (hereinafter referred to as "inductor"), and take measures to prevent the collapse of the ground,

(Article 171 of the Rules on the Standards for Industrial Safety and Health. Nevertheless, the Defendant, at around 17:15 minutes of September 14, 2015, knew of the fact that the employee E, who belongs to the above workplace, arrives at the F Product Shipment located in the place of business, and uses the F Product Shipment located in the place of business, for the purpose of 1.5 tons of the goods to be delivered, in which the goods to be delivered, are placed in the place of business (hereinafter referred to as “ongoing vehicle”), did not prepare a work plan that includes the operating route, work method, etc. of the said vehicle, and had the employee E work in a state where he did not place the guide, thereby resulting in the death of the said vehicle from a slope in the place of business and the fluent rice.

2...

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