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(영문) 수원지방법원 성남지원 2014.05.29 2014고정513
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Criminal facts

Defendant

A as the representative director of the corporation B located in Gwangju City, a person who shall administer overall affairs concerning safety and health of its employees and take necessary measures to prevent risks. The defendant corporation B is a corporation that operates a business such as meat processing and storage business by employing 27 full-time workers.

1. Defendant A:

A. At around 14:00 on September 23, 2013, E, an employee belonging to the business owner, appointed a person to command work and conduct work under the direction of that person, and indicated the intent of the prohibition of entry of a person other than the employee concerned in a place where it can be easily seen. However, due to an error that did not take safety measures necessary for the prevention of industrial accidents, the business owner did not take such measures on the part of the company's low temperature storage and heating defects, thereby causing death to G (Nam, 51) belonging to the F, a worker of the F, a company, who was engaged in the work of developing a ice due to the low temperature storage and heating defects in the building on the first floor of the part of the general work set operation section of the F, a worker of the F, who was engaged in the work of developing the ice, to repair the low temperature storage and heating defects in the building.

B. Although the business owner has to install a safe distance on the open side of a stairs the height of which is not less than 1m, the business owner does not install a safe distance on the open side of the stairs between the first floor and the second floor installed in the said company;

(c) The business owner must take protective measures, such as safety distresss, fences, vertical fall-off nets, etc., at places where workers might fall down, as the end or opening of the work plate and the passage, but does not take such measures as the two-storys of the outside facilities, such as freezing and the two-storys of the external facilities;

(d) The business owner shall use water and so on at low voltages used in damp places with high diversity such as water.

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