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(영문) 인천지방법원 부천지원 2018.11.02 2018고정468
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

Defendant

A is a business owner who operates the manufacturing business in Kimpo-si and is obligated to take safety measures to prevent industrial accidents of workers employed in the above business establishment. Defendant B is a safety and health manager prescribed by the Industrial Safety and Health Act, who is obligated to take safety measures to prevent industrial accidents of workers employed in the above business establishment as the representative director of the above company.

1. Defendant B

(a) Pursuant to Article 23 of the Industrial Safety and Health Act, and Articles 92, 103 and 104 of the Rules on Industrial Safety and Health, a business owner who violates the Occupational Safety and Health Act due to non-performance of his/her duty to take safety measures shall stop the operation of the relevant machine if there is a risk that the workers might pose a danger to the workers in the course of replacing, coordinating, or similar work for small machinery, etc., and shall not dismantle or stop the use of, protective devices installed in machinery, apparatus, or equipment, and shall take necessary measures, such as using a safety block, in order to prevent the risk that the workers might suffer from the worker’s own operation, if the worker’s body is within the limits of risks, such as presses, etc.

On January 20, 2018, the Defendant, a person in charge of safety management, ordered a victimized person D to engage in the work of replacing and coordinating the form of a bloring machine, but did not order the injured person D to suspend or stop the operation of a bloring machine during the work, and did not arbitrarily remove safety documents and safety devices (location) installed by the injured person during the bloring season and check that the injured person does not work after arbitrarily removing the safety documents and safety devices installed in the bloring machine, and managed and supervised the victimized person to comply with safety rules, such as attaching a warning sign or posting a manager or a supervisor.

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