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(영문) 부산지방법원 동부지원 2013.05.20 2012고정1495
산업안전보건법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as the business owner of Busan-gun C, is a safety and health management manager who conducts the business of manufacturing motor vehicle parts with 51 regular workers.

Where a business owner takes necessary measures, such as installing protective devices with the type of presses, pressure capability, number of administration per minute, and performance corresponding to the length of administration and work methods, etc., he/she shall maintain the performance of the relevant protective devices.

Nevertheless, at around 15:00 on June 19, 2012, the Defendant did not take safety measures in the state where opto-electronic reflect plates attached to the presses (250 tons) within the mechanical process, and neglected to maintain the performance of the protective devices installed at the presses, etc. at the work site without being taken safety measures.

Summary of Evidence

1. The legal statement of witness D and E;

1. Application of Acts and subordinate statutes to reports on the results of correction of safety and health (integrated) supervision marks, and corrective instructions, including manufacturing business;

1. Selection of a fine or fine under subparagraph 1 of Article 67 and Article 23 (1) 1 of the Occupational Safety and Health Act concerning facts constituting an offense;

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

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