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(영문) 부산지방법원 2017.06.14 2017고단738
산업안전보건법위반등
Text

1. Defendant A shall be sentenced to four months of imprisonment, and Defendant B shall be sentenced to a fine of ten thousand won or more.

2. Defendant B.

Reasons

Punishment of the crime

1. Defendant A is a person in charge of safety and health management for his employees, who actually operates a stock company B located in Busan Sho-gu C.

(a) Any business owner who violates the Industrial Safety and Health Act, occupational duties, and causes death or injury shall install a slves and a slves, etc. attached to the parts where workers, such as wheel belts and chains, are likely to face danger, and where the workers are likely to face danger in the course of maintaining, cleaning, cleaning, oil testing, repairing, replacing, adjusting, or performing other similar work, such as air equipment, transportation machinery, machinery, and construction machinery, etc., the operation of the relevant machine shall be suspended, and where the operation of the relevant machine is likely to cause danger to the workers, such as partial horseing of the body part of the relevant workers, etc., or in the event of an emergency, a device capable of immediately suspending the operation of a consortium, etc. shall be installed;

Nevertheless, on August 25, 2016, the Defendant: (a) around 11:17, when the victim D, working in the above workplace, was at the victim D, who had been working in the above workplace, once a consortium, did not install a cover or sounding in advance on the lower part of the above consortium belt and the roller at which workers are at the risk of narrowing; (b) did not stop the operation of the relevant machine during the work of the victim; and (c) did not install an emergency stop device in advance in the above consortium, due to occupational negligence, the part of rubber 170 cm in the length of which the victim used in the removal of tin in the above consortium and the part of rubber 170 cm in the length of which the victim used in the removal of tin, and led to the victim’s left arms to the victim’s death, i.e., the pressure into the lower part, together with the rubber.

As above, the Defendant caused the death of a worker by occupational negligence who did not fulfill the duty of safety measures as a business owner.

(b) Violation of the Industrial Safety and Health Act;

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