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(영문) 의정부지방법원 2017.01.16 2016고합225
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who was injured by occupational injury is a person operating the “E” of a bedclothes manufacturing company located in D in Namyang-si, Namyang-si.

On November 1, 2014, the Defendant employed the Victim F (22 tax) of Chinese nationality that he/she will work in E, and had the victim do so from that time to December 8, 2014.

Around 09:00 on December 8, 2014, the Defendant instructed the victim to operate the machinery and to make a beer. At the time, the victim did not know the method of the machinery operation due to the dispute between Korea and the factory, so the Defendant, who ordered the victim to perform his duties, had a duty of care to sufficiently provide safety education to the victim in advance and to sufficiently educate the method of the operation of the machinery.

Nevertheless, the Defendant did not take measures, such as conducting separate education on the operating method of the machinery, without taking measures as to the victim’s previous safety education in advance, and by negligence, the injured party ordered the victim to do so. While the injured party was engaged in the work of inserting the plant into beer by using the machine around 09:30 on the same day, he did not operate the plant, and opened a lid of the machine after all the machines were laid off, and then cut off the plant and then cut the plant by cutting off the plant from the plant inside the machine that turned back without completely stop, the Defendant’s indictment, such as “The injured party’s hand cut off the plant lid and cut off the plant lid from the body inside the machine that turned back without completely stop.” However, the Defendant’s testimony and exercise of the victim’s right to defense, including the investigation records, is deemed to have no risk of adversely affecting the victim’s exercise of the right to defense.”

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