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(영문) 인천지방법원 부천지원 2017.08.31 2017고단1644
산업안전보건법위반
Text

Defendant

A Co., Ltd. shall be punished by a fine of nine million won, by imprisonment of Defendant B for one year, and Defendant C for one year, respectively.

Reasons

Punishment of the crime

Defendant

B As the representative director of Defendant A Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”), Defendant C is an employee of Defendant Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) in Kimpo-si, and Defendant C is an employee of Defendant Co., Ltd., who is engaged in the business of cleaning concrete mixtures in plant (Bater Perant) and the management and replacement of the foregoing mixture date prior to the above mixture. In addition, Defendant C is a person who is mainly in charge of operating equipment in the above business.

1. On January 20, 2017, Defendant C, in violation of the Industrial Safety and Health Act (Defendant B), was carrying out the internal cleaning and repair of the mixed period as ordered by Defendant C, along with the victim, etc. on the part of Defendant Company, and requested the victim to check the opening and closing device to the lower part of the mixed period, and request the victim to check the opening and closing device to the lower part of the mixed period. The victim entered the above mixed period to check the opening and closing device.

In the above mixed period, it is probable that the previous day before the combination is established, and the operation of the above mixed period is likely to cause serious accidents, such as serious harm to the human body or life, and therefore, the defendant C, who is in charge of operating the above mixed period, has the duty of care to operate the above mixed period safely after checking whether the victim was completely or directly confirmed out of the mixed period.

In addition, Defendant B, as the business owner of Defendant Company, had the victim, etc. engaged in work exposed to risks by the above machine, check in advance necessary matters, such as placement and education of workers, work methods, protective devices, etc. at the time of commencement of operation of the above machine.

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