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(영문) 서울중앙지방법원 2020.01.08 2019고단3282
산업안전보건법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person operating a restaurant in Jongno-gu Seoul Metropolitan Government “C”, and is responsible for the safety and health management of workers working in the above restaurant.

Where a business owner takes out the contents from the original judgment or the pulverr, etc., or engages in maintenance, cleaning, inspection, repair, or other similar work, such as the original judgment or pulverr, he/she shall suspend the operation of the machinery.

On the other hand, the Defendant had an employee use a string machine in order to provide the cafeteria to customers with the string of kimchi, and when the employee took advantage of the string machine, the string machine and the string of the string, and the string machine operation between the above machine day and the string, it can be sufficiently anticipated that the worker might cause injury, such as cutting off, because he knows that the string can be carried out in order to facilitate the distribution of the pipe between the above machine day and the string, and thus, the Defendant had a duty of care to prevent the injury of the employee by taking measures, such as preventing the employee from taking advantage of the string machine, or using the string machine.

Nevertheless, on January 29, 2018, the Defendant used the above machine at the above restaurant, and caused the victim D (inn, 51 years of age) to use it. In order to facilitate the distribution of the pipe between the above machine day and the passage, the Defendant did not take measures to prevent the occurrence of injury, such as: (a) putting a pipe into the machinery without driving the machinery and leaving the hand back; (b) putting the hand into the machinery without driving; and (c) taking measures to prevent the occurrence of injury by using auxiliary devices, such as the enormous machinery, etc.

Ultimately, the Defendant is needed to prevent any danger caused by machines, tools and other equipment.

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