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(영문) 청주지방법원 영동지원 2015.08.11 2015고단32
산업안전보건법위반
Text

Defendant

B Imprisonment for 10 months, Defendant A shall be punished by a fine of 5,000,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A is a person who operates automobile dismantling and recycling business, etc. under the trade name “E” located in Chungcheongbuk-gun D, and controls and manages employees’ safety and health.

At around 09:30 on December 22, 2014, the Defendant violated the Occupational Safety and Health Act due to a serious accident that occurred in breach of the duty to take measures against safety, driving the FF vehicle to employees B, and allowing employees B to carry out the work of transporting cargo loaded at approximately 2.5 meters in length and approximately 1.4 meters in width, and approximately 700km in width.

When engaged in work using dangerous machinery, the person in charge of safety and health management shall prepare a work plan for safety measures in order to prevent risks under the operation (i) and take measures to prevent workers from having access to the cargo designated by the Sheet commander or the leader, or the cargo being transported, or at the place where the cargo might be in contact with them, and to prevent workers from having access to the cargo at the place where the risk is likely to occur. Referencely, necessary measures, such as using a lifts, have the duty to take safety measures to ensure the operation of the vehicle by allowing persons with the qualifications necessary for the operation of the vehicle, and by allowing them to drive the vehicle.

Nevertheless, the Defendant did not prepare a work plan and did not designate a work commander or take measures to prevent the entry of workers, and did not take necessary measures, such as loading and transporting the cargo loaded on the knife of the above knife on the knife of the above knife, and caused B, who did not receive a construction operator’s license, to operate the above knife on the knife of the above knife on the floor of the place of business, caused the above knife to fall off on the knife of the victim G (38 years old) who was on the knife the knife of the knife, which was not fixed by the shock.

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