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(영문) 청주지방법원 2013.08.22 2013고정509
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is the representative of the company B, who is in the position of being responsible for safety and health management for preventing industrial accidents of on-site workers in the D Petition Factory Co., Ltd., Ltd., Ltd., a “ConnexEX Maintenance and Repair Corporation.”

In performing the work of handling heavy objects, the business owner shall prepare a work plan, including safety measures to prevent the collapse, falling, electric intensity, narrowness, and collapse risk, in order to prevent workers from any danger, and have them perform the work in accordance with such plan.

Nevertheless, the Defendant did not prepare and implement a work plan for safety measures to prevent risks, such as the roter’s transition, which is a heavy object, at the construction site, and caused death at around 12:05 on May 8, 2012, when the net E used a chain block to replace the log in order to replace the log at the construction site, it was cut off by a roter sponsed on the log while he sponsed with a chain block, and it was sent back to the lower part to the hospital and sent to the hospital during treatment.

2. Defendant B was a juristic person established for the purpose of manufacturing and construction business, etc., and Defendant B did not perform its duty to take measures to prevent industrial accidents as described in the foregoing paragraph (1) at the date, time, place, etc. set forth in the foregoing paragraph (1) while performing the said construction work with seven regular workers subcontracted the said construction work from D.

Summary of Evidence

1. Each police suspect interrogation protocol against Defendant A and F;

1. Each police statement made to G, H and I;

1. Application of the Acts and subordinate statutes to the criminal report, investigation report, report on occurrence of serious accidents, and written opinion of investigation into serious accidents;

1. Defendants: Article 66-2, Article 23 (2), and Article 71 of the Industrial Safety and Health Act (Selection of Fines to Defendants A)

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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