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(영문) 대전지방법원 2015.03.18 2015고정130
산업안전보건법위반
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the head of a factory of a corporation B, who is in the position to take safety and health measures necessary for the prevention of industrial accidents.

Despite the fact that a business owner is required to install a cover, sound, slick, bell, and personal bridge on the parts where workers are likely to face danger, such as a machine's engine, electric straw, light, swimming, flick, bell, and chain, the Defendant did not install a protective unit on the parts of the steel cutting machine in the factory and compliance press.

B. Despite the fact that workers need to protect one or more means of protection, such as installing a protective device or an air-conditioning device with a sufficient combustion effect, etc., with respect to the charging portions having a danger of electric shock by having contacted or approaching the charging department of electric machinery, apparatus, or street, etc. due to their work, passage, etc., the Defendant did not take protective measures against the charging department within a manual working place.

On March 14, 2014, the defendant violated the Occupational Safety and Health Act because he did not perform his duty to take safety measures corresponding to the above 'A' or 'B'.

Summary of Evidence

1. Defendant's legal statement;

1. A list of safety and health supervision, including manufacturing business;

1. A supervisory report;

1. Reporting measures to be taken against the details of the corrective order and application of statutes;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Articles 23 (1) of the same Act concerning the selection of applicable criminal facts and punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 75 million won or less (the decision of sentencing] is led to confession and reflect.

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