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(영문) 창원지방법원 통영지원 2017.07.10 2017고정83
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of B and the person in charge of safety and health management of the Defendant B, and the Defendant B had the head office of the place of business in the Young-gu Busan Metropolitan City, and the ship at anchor D with 11 employees in the ship at anchor (E). With respect to the accident of death of the worker F during the work of cleaning the outer hull (locked) around December 14:30 of 2016, when the worker F was at anchor, the worker F was at anchor and the worker F was at anchor and was at anchor, the Defendant A did not take such necessary measures, but the Defendant B violated the above duties of the Defendant, who is an employee of the Defendant.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes concerning a report on a serious disaster, a daily employment contract, death certificate, or certified copy of a corporate registry;

1. Article 67 subparagraph 1 of Article 67 of the Industrial Safety and Health Act and subparagraph 1 of Article 24 (1) of the Act on the Safety and Health of Workers A: The defendant corporation B: Articles 71, 67 subparagraph 1, and 24 (1) of the Industrial Safety and Health Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act (the Defendants did not have signal ropes for the function and role of communication with monitors)

Even if there are air conditionings that play the same function and role, and rather, in the event of being equipped with signal ropes in addition to air conditionings, two of the water can be connected to the risk of accidents, and thus, the Defendants did not take health measures under the Industrial Safety and Health Act.

I argue that it would not be possible to do so.

Article 548(1) of the Rules on Industrial Safety and Health provides that employers send air through air compresseders and manual pumps.

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