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(영문) 수원지방법원 여주지원 2017.10.20 2017고단1134
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a business owner who employs four workers [the victim E (E, 44 years of age, China's nationality), victim F (F, 59 years of age, China's nationality), victim G (G, 34 years of age, Thailand nationality), H (China's nationality)] and is in charge of safety and health management to prevent industrial accidents by his/her workers.

1. On May 26, 2017, the Defendant instructed the victim E to accommodate the block walls that divide the foul waste storage room into two areas, where the foul waste in a pregnant swine storage room (slurgium) is not well discharged due to a malfunction of the drain outlet, among the livestock penss of swine at the said farm.

As can be seen, when a business owner requires workers to work in an enclosed space, he/she shall establish and implement a program for sealed space work for ① identifying and managing the location of sealed space in the relevant place of work, methods of identifying and managing harmful and dangerous factors that may cause corrosion, addiction, etc. inside the sealed space, safety education and training, and other matters concerning the prevention of harm to the health of workers engaged in sealed space work. <2> The work information on the date, time, period, place, and details of work, etc. before commencement of work, the results of measurements of oxygen and harmful gas concentration and subsequent measures therefor, the types of protective outfits to be worn at the time of work, etc. shall be verified before commencement of work, and such details shall be posted at the entrance of the relevant place of work until completion of work in the sealed space, and ③ The manager, safety supervisor, manager, safety management institution, management institution, health management institution, and designated institution shall ensure that the workers have maintained the adequate concentration of oxygen and harmful gas in the workplace and shall ensure that the workers have maintained the work in question.

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