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(영문) 청주지방법원 영동지원 2015.11.26 2015고단107
산업안전보건법위반등
Text

Defendant

A shall be punished by a fine of KRW 5,00,000,000,00,000,000,000 for four months.

(2).

Reasons

Punishment of the crime

Defendant

A Incorporated Agricultural Company B is a business owner with 20 full-time employees in a rooftop factory located in Chungcheong-gun C, Chungcheongnamcheon-gun, with the purpose of manufacturing kimchi-saving food by using 20 full-time employees. Defendant A is a person in charge of overall management of safety and health of his employees while actually operating a rooftop factory of Defendant Incorporated Agricultural Company B.

1. Defendant A

A. On March 19, 2015, around 14:10 on March 14:10, 2015, the Defendant, occupationally killed, etc., caused the victim D (the age of 55), who is an employee of the said agricultural company, to perform the work of mixing kimchi in the form of a mixture of beliefs in the pentcheon Factory B Co., Ltd., the said agricultural company, at the same time.

A business owner has a duty of care to take necessary measures, such as installing a cover on the relevant part, if he/she is likely to cause danger to workers due to the operation of mination equipment, etc., or the scattered or raw materials thereof.

(Article 87(8) of the Regulations on Industrial Safety and Health Standards. The Defendant neglected to take charge of safety and health management of the 200 factory B, an agricultural company B, a business owner, and neglected to do so. The Defendant, by negligence, caused the victim, who was engaged in the work by inserting hand inside the said gare mixing machine, to have the victim wear his hand in the whole part of the gare and the day of the gare in the said gare mixing machine.

As a result, the Defendant caused the victim's death by occupational negligence, which was sent back to E Hospital by the 119 Rescue Team, by pressure and sacrification by external force.

B. In other cases, a business owner violating the Occupational Safety and Health Act due to a violation of the duty to take safety measures is likely to cause harm by a worker's contact with a part of operation from the opening of a mination machine, etc. (Article 87 (9) of the Rules on Industrial Safety and Health), but the defendant is the business owner.

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