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(영문) 의정부지방법원 2018.04.19 2017고단3912
산업안전보건법위반등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. has its head office in Mapo-gu Seoul and D, and is engaged in scrap metal processing business and non-ferrous metal processing business in Geumcheon-gu Seoul Metropolitan Government E-si and Geumcheon-gu Seoul Metropolitan Government F-gu.

Defendant

A As a representative director of the defendant B corporation, a person who takes overall charge of and manages the safety and health affairs of his employees.

1. A business owner who violates the Industrial Safety and Health Act and causes death or injury to his/her business shall, in operating his/her business, take measures necessary to prevent any danger caused by machinery, apparatus or other equipment;

Specifically examining the measures to be taken by a business owner, (i) in cases where workers are likely to suffer harm by in contact with the operating part from the opening part of the mination machine, etc., a cover or sounding shall be installed, and (ii) in cases of maintenance, cleaning, cleaning, inspection, repair, replacement, or adjustment of construction machinery, etc., such as mination machine, transportation machinery, construction machinery, etc., or other similar work, the operation of the relevant machine shall be suspended if there is a concern that the workers might suffer danger.

On April 21, 2017, the Defendant: (a) ordered the Victim G (V) at the E plant in Yangyang-si, Namyang-si, 2017, to conduct compressed operations; (b) did not take measures to stop the operation of compressed machines before entering the danger zone inside the compressors, which is the first and the second half of compressed pressure rackers, as well as to stop the operation of compressed machines, before entering the danger zone inside the compressors.

Defendant did not take measures to prevent industrial accidents as above, and at the same time, the victim was opened due to the negligence in the same business as a result of the inspection of machinery, etc., and entered the same as a result of the inspection, and caused the death of the victim due to multiple hazards in the same place between the compressors and the door frame of inspection.

2. Violation of the Industrial Safety and Health Act by Defendant A;

(a) A business owner shall prevent any danger caused by machinery, apparatus or other equipment when running his/her business;

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