20 Violation of the Occupational Safety and Health Act, 691

1. A, 1965, South and North Korea, and Company Members;

Residence

Reference domicile

2. B stock company:

Location

C Representative Director

D Agent D, E

Kim Jong-sung (prosecutions) and Kim Jong-seok (Trial)

Attorney Kim Kim (Defendant A)

may 13, 2021

Defendants shall be punished by a fine of 1.5 million won.

Where a defendant A fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting one hundred thousand won into one day.

An order to pay an amount equivalent to each of the above fines shall be issued.

Criminal facts

Defendant A, as the factory site of Yangsan Factory B located in F in Yangsan City, is a person in charge of safety and health affairs for its employees, and Defendant B is a corporation that engages in manufacturing and selling rubber products (i.e., tyres and tubes).

1. Defendant A

A. A business owner: (a) he/she shall establish a program for work at a closed space when he/she allows workers to work at the closed space; and accordingly, until the work at the closed space is completed, he/she shall establish a program for work at the closed space; (b) work information, such as the date, time, time, place, and contents of the work; (c) information on workers, such as supervisors, workers; (d) measurement results of oxygen and harmful gas concentration; (d) review the possibility of leakage, inflow, and subsequent measures; (v) types of protective outfits that must be worn at the entrance to the workplace; (vi) even if the contents of the emergency contact system are posted at the entrance to the workplace, the Defendant did not perform such work at the closed time (from November 23, 2018 to November 28, 2019); and (v) may not perform such work at the boiler on six occasions in total (round December 14, 2018; Amended by Presidential Decree No. 29021, Apr. 14, 20197>

B. In a case where a business owner requires a supervisor, etc. to perform work at an enclosed space, he/she should first measure the concentration of oxygen and harmful gas in the sealed space and assess whether the adequate air is maintained. However, the Defendant failed to perform the maintenance and repair work at the above B Yang Industrial Complex and the above six times in total at the boiler plant from November 23, 2018 to November 28, 2019.

C. Although a business owner is required to attract workers to maintain the adequate air condition before and during work in a closed space, the business owner is not obliged to perform the repair work of the boiler in the above B Co., Ltd. from November 23, 2018 to November 28, 2019.

D. Although a business owner is equipped with necessary equipment to escape or to rescue workers in emergencies, such as air resistants, air conditionings, air shields, legs, and fiber lifts, when workers are engaged in work in the sealed space, the business owner is not obliged to carry out the work in the sealed space for seven times in total at the above B Yangsan Factory and the total seven times in the period from November 23, 2018 to November 28, 2019.

E. In a case where workers are engaged in melting and melting work at a place where the air circulation is not adequate, such as a tank, boiler, or reaction tower, the business owner has maintained the adequate air condition by measuring and ventilation gas concentration. However, the Defendant failed to measure the gas concentration at the above B B B’s plant from November 23, 2018 to November 28, 2019.

2. Defendant B corporation

The defendant, who is an employee of the defendant at the time and place specified in paragraph (1), did not take necessary measures under the Occupational Safety and Health Act regarding the defendant's business as described in paragraph (1).

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A: Articles 71, 67 Subparag. 1, and 24(1) of the former Industrial Safety and Health Act (Amended by Act No. 16272, Jan. 15, 2019; hereinafter the same shall apply) (by day and time of criminal conduct, inclusive selection of fines)

○ Defendant B Co., Ltd.: Articles 71, 67 subparag. 1, and 24(1) of the former Industrial Safety and Health Act (by day and day of commission)

1. Aggravation for concurrent crimes;

○ Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Detention in a workhouse;

○ Defendant A: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

○ Defendants: Article 334(1) of the Criminal Procedure Act

Judges Full-time Residents

1) The indictment was written as “ November 15, 2019.” but was corrected ex officio as it is apparent that it is a clerical error.