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(영문) 인천지방법원 부천지원 2018.08.17 2018고단967
산업안전보건법위반
Text

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

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a juristic person running painting and other prevention and handling business using 18 full-time workers in Kimpo-si, and is a business owner obligated to take safety measures to prevent industrial accidents to be employed by workers in the above workplace. Defendant B is a person who takes overall charge of safety management of the above workplace and is responsible for safety and health management to prevent industrial accidents to workers employed in the above workplace.

1. The case of the victim's death;

(a) In performing the maintenance, cleaning, oil supply, inspection, repair, replacement, or adjustment work, or any other similar work, Defendant B’s business owner who violated the Industrial Safety and Health Act, shall stop the operation of the relevant machine, if there is a concern that the worker might pose a danger to the worker, and, in case where the worker handles the machinery that takes a part in the day, structure, or axis, he/she shall make the worker use of the lock that does not pose a danger to the worker’s hand, such as leather that is fast to the worker’s hand;

Nevertheless, on February 3, 2018, the Defendant, at the instant place of business, had the victim D (44) (S) who was working at the victim at the instant place of business, engage in cleaning work to remove paints on the surface of the roller machine, and did not stop the operation of the above machine, and did not pay locks to his hand, such as leathers, etc., but caused the victim’s damage to the said roller by negligence in the course of business, and caused the victim’s death to a multiple engine margin around 10:55 on February 4, 2018.

B. Defendant A’s violation of the Industrial Safety and Health Act by Defendant A around February 3, 2018, the Defendant did not take necessary safety measures, such as the foregoing paragraph 1-A., and did not comply with the Defendant’s act on behalf of the instant workplace around February 3, 2018, as described in the foregoing paragraph. As such, the said victim was a multi-agency.

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