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(영문) 의정부지방법원 2017.12.20 2017고단4760
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant, as the representative of the Dongdaemun-gu Seoul Metropolitan Government “C” in B and the first floor, is a personal entrepreneur who runs wholesale and retail business with one full-time employee, and is a business proprietor who controls and manages matters concerning safety and health, such as measures to prevent harm and danger to his/her employees, and is operating a warehouse owned by C in Dongdaemun-si.

1. Violation of the Occupational Safety and Health Act, resulting in death or injury, and industrial safety;

(a) In carrying out the work of loading and unloading, transporting machinery, etc. on a vehicle system, the business owner shall, in order to prevent any danger to workers, prepare a work plan including operating routes and working methods and a work plan containing measures to prevent any danger in handling heavy objects, and have them carry out the work in accordance with that plan;

(b) A business owner shall ensure that the driver of construction machinery for vehicle meters, such as vehicle meters, loading and unloading, and transporting machinery, leaves his/her driver's seat, shall ensure that the driver concerned be placed at the lowest location or on the ground, and that the driver concerned stop the engine, and shall take measures to prevent sudden driving or leaving the engine, such as making the broke clear, etc.;

C. In the case of harmful or dangerous work, a business owner shall not have a worker who is not an employee who has the qualification or license necessary for the work. In the case of work using construction machinery under the Construction Machinery Management Act, a business owner shall not have a person who is not an employee holding the license or qualification prescribed by the Construction Machinery Management Act, but shall not have a worker E (51) of a person who works for the defendant, who is a worker for the defendant, to work for the victim E (51) of a person who works for the defendant, of the person C, using the vehicle possessed in a warehouse located in the Guri-si Frith of July 30, 2017, he/she shall have a victim without the driver's license perform the work and prepare a work plan for the operation of the vehicle and the handling of heavy objects.

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