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(영문) 창원지방법원 2021.01.13 2020고정719
산업안전보건법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established on December 13, 201 for the purpose of general warehouse business, etc. in the area of Gyeongnam-gu, Changnam-do, which is established on December 13, 201. Defendant A is a business owner who leases of warehouse and loads and transports cargo using 22 workers. Defendant A is a representative director of the Defendant Co., Ltd. on April 1, 2019, taking office as the representative director of the Defendant Co., Ltd., and takes charge of all duties related to safety and health of employees

1. Defendant A within the logistics center of the Defendant Company around August 20, 2020

(a) In the event that a business owner engages in work by using the loading and unloading transportation machinery of the vehicle system, or vehicle meters, he/she shall set in advance a speed suitable for the topography, ground conditions, etc. of the workplace, and have the driver observe it, but he/she did not designate a speed suitable for the place of work when he/she is engaged in work by using the loading and unloading transportation machinery of the vehicle system, such

B. Although a business owner who deserts his/her driver's location, the driver of the loading and unloading transportation machinery of the vehicle system, or construction machinery of the vehicle system is required to separate the driver's speed from the driver's zone, the driver did not separate the driver's speed from the driver's seat, even though he/she left the driver's seat.

2. The Defendant Company, as its representative, did not take necessary safety measures to prevent risks with respect to loading, unloading, and transportation of the Defendant Company, which are the duty of the Defendant Company, as stated in the facts constituting the crime of the preceding paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to a supervisory inspection mark, business registration certificate, and certificate for all registered matters;

1. Defendant A of the relevant criminal facts: Article 168 subparag. 1 and Article 38(2) of the Industrial Safety and Health Act; Articles 173, 168 subparag. 1, and 38(2) of the relevant Act; and each company that selects fines: The company shall be punished by respective fines; Articles 173, 168 subparag. 1, and 38(2) of the Industrial Safety and Health Act; and each fine shall be selected.

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