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(영문) 대전지방법원 홍성지원 2012.09.19 2012고정175
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a business owner who was engaged in transportation with the trade name of “D” with three full-time workers in Boan-si, who employed victims E (Nam and fifty-three years of age) and had them carry and transport construction machinery, etc. on E, and is a person who is responsible for preventing industrial accidents and controlling and managing matters concerning safety and health with respect to workers belonging to the above business establishment.

When the defendant engages in the work of using vehicle meters, loading and unloading transportation machinery and vehicle meters, he/she shall conduct a prior inspection on the topography, ground level and ground level, etc. in the relevant workplace, record and keep the result thereof, prepare a work plan that includes matters, such as operating routes and working methods, and take necessary measures to prevent danger to workers, such as having them conduct the work in accordance with such plan.

Nevertheless, the Defendant did not take safety measures such as preparing the aforementioned prior investigation and work plan and having the victim work accordingly, and had the victim carry and transport the strawls to the site of the G Road Packing in Boan-si from F on October 13, 201 to 12:45 on the 13:30th day of the same day, and had the victim die from the strawer to the strawer on the part of the strawer at the entrance slope of the above road packing work site, while driving the strawer while driving the roll at around 13:30 on the same day.

Summary of Evidence

1. Each legal statement of the defendant, H and I

1. Statement of the police statement to J;

1. Report on the occurrence of serious accidents;

1. Submission of a written opinion on serious accidents;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the Rules on Industrial Safety and Health Standards);

1. Relevant provisions of the Occupational Safety and Health Act and Articles 66-2 and 23 (1) 1 of the same Act concerning facts constituting an offense;

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

1. The order of provisional payment;

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