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(영문) 창원지방법원 진주지원 2014.02.11 2013고정515
산업안전보건법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant is a business operator engaged in the repair business of consumer products (E) with the trade name “E” in Ansan-si, Ansan-gu, Gyeonggi-do. When the employees work in a place with a high height or a high risk of falling at least 2 meters of depth, he/she should pay safety caps and safety belts to the employees and have them wear them. However, at around 10:55 on November 7, 2012, around 10:55, the Defendant fell into the floor below 4.3 meters and caused the employees of H to die-si, Seoul Special Metropolitan City, Gacheon-si, Seoul Special Metropolitan City, in order to repair the burners installed in the above business, in order to perform the repair business of the above factory, he/she was on the roof of the natural structure of the factory, without wearing the safety caps and safety belts.

2. First of all, the determination is not sufficient to acknowledge the above facts with respect to whether H is a Defendant’s employee, and the evidence submitted by the Prosecutor alone, and there is no other evidence to prove the above facts.

3. According to the conclusion, since the facts charged in this case constitutes a case where there is no proof of crime, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced pursuant to Article 58

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