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(영문) 창원지방법원 2015.07.01 2015고단674
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A as the representative director of B, a person in charge of overall control over the safety and health of employees under his control, and the defendant B is a business owner who operates the manufacturing business of parts of power generation facilities using 65 full-time workers in Kimhae-si.

1. At around December 21, 2014, Defendant A, at around 16:30 on December 21, 2014, ordered workers D to use a cover cover for pressure test, which is a weight of 1.4 tons.

In such cases, the defendant, as a person in charge of safety and health management in the above workplace, shall take necessary measures for the safety of workers, such as preparing a work plan to prevent the danger of workers by weight, and having them perform work according to the plan.

Nevertheless, the Defendant did not take such measures as preparing a work plan, and had workers D do the above work, and caused the cover for the above hydrotension test, which is a heavy object, to be covered for the hydrotension test and carried D with the cover for the hydrotension test and the pipe loaded.

Ultimately, the Defendant violated the above duty to take safety measures, resulting in the death of D from the cage cages at the same place.

2. The Defendant Company B, at the time and place set forth in the preceding paragraph, did not perform the duty of safety measures as set forth in the preceding paragraph, as the representative of the Defendant who acted for the Defendant, resulting in the death of the employee D.

Summary of Evidence

1. Defendant A’s legal statement

1. Each labor inspector statement of E and F;

1. Application of business registration certificate, written opinion on serious disaster investigation;

1. Defendant A: Articles 66-2 and 23 (3) of the Occupational Safety and Health Act (Selection of Fines): Defendant B; Articles 71, 66-2 and 23 (3) of the Occupational Safety and Health Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334 of the Criminal Procedure Act.

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