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(영문) 부산지방법원 2014.07.17 2014고단698
산업안전보건법위반등
Text

Defendant

A and B shall be punished by a fine of five million won, and Defendant C shall be punished by a fine of three million won.

Defendant

A. C.

Reasons

Punishment of the crime

F Co., Ltd. is a company entrusted with five parts of the Busan New Port from BNCT (Bus New Container Tminal) with the right to operate the Busan New Port located in Gangseo-gu Busan. Defendant C is the head of the operation team of the above FF Co., Ltd., and Defendant B is the head of the operation team of the F Co., Ltd. around January 2013, the above F Co., Ltd receives from the above F Co., Ltd. a supply of the freezing of freezing containers within five parts of the Busan New Port (which regularly checks whether the temperature of freezing containers is maintained at an adequate level) and Defendant A is the representative director of B of the above F Co., Ltd.

1. The victim H (the age of 35) who is an employee of Defendant A and Defendant C Company B, was placed at the above site of the freezing container monitoring work. On July 9, 2013, around 06:16, around 5:06, the above Busan New Port No. 5 (hereinafter referred to as the “FF”) was engaged in freezing of the freezing container on July 9, 2013.

At all times, Defendant C had a duty of care to prevent entry into and exit from a container site, or to install a safe passage for safe movement and safety signs, and Defendant C had a duty of care to ensure safe work for employees under his/her control, in preparation for the aforementioned risks, to take safety measures to ensure safety work by demanding the above C to take such safety measures and allowing employees under his/her control to work safely.

Nevertheless, the Defendants neglected the above duty of care and thus Defendant A can move to the above C with a view to prohibiting entry into the container storage place.

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