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(영문) 인천지방법원 2014.10.07 2014고단5369
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a business owner who employs 13 full-time workers in Seo-gu Incheon and operates a mobile phone parts manufacturer of “D”.

If a part of the workers who work using the presses enters a dangerous system, the business owner shall take necessary measures, such as installing protective devices, etc. with the type of presses, pressure ability, the number of administration divided, the length of administration and working methods corresponding to the working methods (in the case of the acquired operation safety devices and identification safety devices, the performance corresponding to the suspension performance of presses).

Nevertheless, at around 15:29 on October 1, 2013, the Defendant had workers E work using the presses of the company at the above workplace, and did not take necessary measures, such as installing protective devices, etc. to have the type of presses, such as installation of protective devices, etc. at a distance of 110 meters from gold and 110 meters from gold penalty without maintaining sufficient safety distance corresponding to the suspension performance of the presses and the operation performance of protective devices. The Defendant did not take necessary measures, such as installing protective devices, etc. to have the performance corresponding to the operational method, such as installation of protective devices, etc. at a height of the upper half of the upper half of the upper half of the upper half of the upper half of which it is difficult for the Defendant to recognize the loss of workers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The results of the on-site investigation;

1. Application of Acts and subordinate statutes to investigative reports (to hear statements in the presence of witnesses - Reporting on disasters, etc.);

1. Article 67 (1) and Article 23 (1) 1 of the Occupational Safety and Health Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All circumstances include: (a) the degree of damage to E workers caused by the instant accident on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant and the Defendant agreed smoothly; (c) supplementary measures taken by the Defendant regarding the instant case; and (d) the Defendant had no criminal records before the instant case.

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