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(영문) 춘천지방법원 강릉지원 2015.04.02 2015고정85
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of the designated waste collection and transportation business at three times, which employs 18 full-time workers, and Defendant B is the chairperson of Defendant A Co., Ltd. who acts on behalf of the business owner.

1. Defendant A corporation

(a) Where a business owner conducts work by using a vehicle mooring construction machinery, he/she shall not allow workers to enter a place where workers are in danger of facing each other due to contact with the relevant vehicle mooring construction machinery in operation: Provided, That the same shall not apply where he/she places an guide and induces the relevant vehicle mooring construction machinery;

Defendant

A A A around 11:00 on July 18, 2014, around the construction waste selection business site in the above business site, in relation to the serious industrial accidents of which workers D died due to their head head on the flicker's house, a corporation input D without placing a guide, even though it uses a flicker, a vehicle-based construction machinery.

(b) Where a business owner engages in the work of using vehicle-based construction machinery, he/she shall conduct a prior inspection on the relevant work, topography, ground level, and ground level in the relevant place of work, and record and preserve the results thereof, and prepare a work plan in consideration of the results of such inspection and have it conduct the work in accordance with such plan

Defendant

A Co., Ltd. did not conduct a prior investigation while performing the selection work of construction wastes using a scooters which is a construction machine for the time specified in the preceding paragraph, and did not prepare a work plan.

2. Defendant B did not take necessary measures to prevent any danger to workers as described in paragraph (1) with respect to the business of Defendant A corporation.

Summary of Evidence

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Each police statement of E and F;

1. A corporation statement;

1. Statement of disaster investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Each relevant Article of the Act concerning criminal facts;

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