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(영문) 부산지방법원 2013.09.26 2013고정3725
산업안전보건법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation that carries export and import cargo on the wharf using its employees and port-based crew members in Busan Y C, and carries on land transportation support service for loading export and import cargo on the wharf, and Defendant A is a person in charge of safety and health management for workers who work within D as the representative director of Defendant B.

1. Where a business owner of a defendant A engages in the work of loading, unloading, transportation, machinery, etc., he/she shall prepare risk prevention measures in accordance with the relevant work, such as the fall, fall, electric failure, narrow landing, etc., and work plans which include the operating routes and work methods of loading, unloading, transportation, machinery, etc., in order to prevent any danger to workers, and

Nevertheless, the Defendant, as the representative of Defendant B Co., Ltd., the business owner, did not prepare a work plan containing working methods and measures to prevent a fall accident, while using the vehicle mooring, loading, unloading, and transportation machinery, which are the business owner of the said corporation, and caused the death of the Defendant E around February 16, 2013, while carrying out a hand signal work for the loading of exported cargo at the D 11:25 Busan Seo-gu, Busan (F) Ma1 HTCHCH COVV upper part of the ship (F) which was in contact with the D 13-ray located in Seo-gu, Busan, Busan, resulting in the death of the Defendant at around February 32, 2013, when he felled into HOLD floor and was treated for the loading of exported cargo at the lower part of the dam flac in operation for the loading of cargo.

2. As to the Defendant B’s business, Defendant A did not take safety measures necessary for the prevention of industrial accidents as described in the preceding paragraph.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement of G and H;

1. Work plans, work plans, and safety education books;

1. The application of Acts and subordinate statutes, such as reporting on the occurrence of serious accidents, sending a written opinion to investigate serious accidents, and ordering the investigation of serious accidents;

1. Article 71 of the Occupational Safety and Health Act concerning criminal facts;

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