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(영문) 서울남부지방법원 2017.04.21 2017고정286
산업안전보건법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A as the head of the Guro branch office of Defendant B, a person who is responsible for the prevention of industrial accidents by his employees, and a person who acts for Defendant B, the main owner of the business.

Defendant

B A corporation is a corporation established on June 13, 198 for the purpose of providing services, etc. with its head office in Jongno-gu Seoul, Jongno-gu, and is a corporation that employs approximately twenty full-time workers of the above “Bro branch office” as a corporation.

On November 2, 2016, the "Planning and Supervision of Logistics-Based Enterprise" was conducted with respect to the above workplace.

1. Defendant A

A. A business owner shall install a cover, a sound, a lux, a lux, a lux, a lux, and a lux, etc. on the part of a machine’s engine, a lux, a lux, a lux, and a lux on the part of the machine that is likely to pose a danger to employees (Article 87(1) of the Rules on the Standards for Industrial Safety and Health). Nevertheless, the Defendant did not install a cover on the whole lux (a lux of a septic tank, a mechanical lux of a fire-fighting pumps), which is likely to pose a danger to employees, thereby causing the risk to employees.

B. A business owner shall install a device that can immediately suspend the operation of a consortium, etc. in a consortium, etc. (Article 192 of the Regulations on Standards for Industrial Safety and Health). Nevertheless, the Defendant did not install an emergency position, etc. that can immediately suspend the operation of the consortium in an emergency situation and caused the employees to be in danger by failing to install an emergency position, etc.

(c)

A business owner shall have an adequate effect on the charging part of electric machinery, apparatus, or street, etc. in order to prevent a shock from being exposed to or approaching the charging part of electric machinery, apparatus, or street by his/her employees due to work or passage.

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