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(영문) 수원지방법원 평택지원 2016.01.14 2015고정359
산업안전보건법위반
Text

Defendants shall be punished by fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A’s business owner shall take appropriate measures, such as using an appropriate stringket in order to prevent the leakage of dangerous substances, etc. in the cocks, fire, or dangerous substances, with respect to the chemical equipment or the cover, fluor, valves, and valves of the cocks, and the contact parts of the cocks, in order to prevent explosion, fire, or dangerous substances from being leaked;

However, the defendant is the head of the 2 factory in Ansan-si, Co., Ltd., Ltd., which is in F, and manages the safety and health of workers in the above factory, and the date and time of violation in September 2014 is not stated in the indictment, but there is no substantial disadvantage in guaranteeing the defendant's right to defense.

Although the chemical substance is leaked on the opening of the above CVD pumps' injecting equipment, it did not take safety measures against it.

2. Defendant B neglected to exercise due diligence and supervision over the Defendant’s business affairs, and as a result, Defendant B committed a violation as described in the foregoing paragraph (1) with respect to the Defendant’s business affairs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to conduct inspections of safety and health (integrated), such as manufacturing business, and corrective orders;

1. Defendant A of the relevant criminal facts: Article 67 subparag. 1 and Article 23(1) of the Industrial Safety and Health Act; Article 71, Article 67 subparag. 1, and Article 23(1) of the Act on Industrial Safety and Health; Article 77 subparag. 1 of the Act on Industrial Safety and Health; Selection of fines;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Parts of the crimes under Article 334 (1) of the Criminal Procedure Act, of the provisional payment order;

1. Summary of the facts charged

A. A business owner who is obligated to contract part of his business conducted at the same place as Defendant A (1) shall take measures to prevent industrial accidents, such as the installation of safety facilities, etc., if his employees work at a place where machinery, apparatus, etc. are likely to go beyond the scope of his employees. However, the Defendant removed the pipes of the factory supply room of this case.

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