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(영문) 창원지방법원 통영지원 2021.02.15 2020고정123
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is actually engaged in the repair business of ships using four full-time workers in the name of “C” in Tong Young-si, and is responsible for and manages the safety and health of his/her employees.

In order to prevent any danger of electric shock by water leakage, the mobile contact supplier shall contact the contact with a non-regional contact which is used at a high level of water or a high level of diversity.

On November 20, 2019, the Defendant did not contact with a non-speak-type mobile container that is used at the window room of the said shipbuilding yard.

[Public prosecutor instituted a public prosecution by deeming that the above mobile contact constitutes “fixed type, mobile type, or portable electrical equipment and appliances,” as prescribed by Article 302(1)4(c) of the Rules on Standards for Industrial Safety and Health, but the above mobile contact is not included in electric equipment and appliances, i.e., electric power system, or electric power system.

However, according to the item (d) of the same subparagraph, a business owner is obligated to contact the non-exploit metal body exposed to the non-exploited non-exploiting contact body used at a high water or a high spherity place in order to prevent risks of electric shock, and the facts charged constitute a violation of these obligations, and thus, it is recognized as stated in its reasoning without modification of an indictment.

2. In cases where there is a risk of fire, explosion, etc. caused by static electricity when using equipment for spraying or transporting inflammable liquid, the business owner having access to the static pumps shall take measures necessary to restrain or eliminate the occurrence of static machines, such as making contact with the relevant equipment by a certain method, using sprinking materials or using electric power systems which are unlikely to become damp and inflammable sources;

On November 20, 2019, the Defendant: (a) on November 20, 201, in a shipbuilding yard, fluort fluort fluor in the use of compressed air; and (b) on November 20, 201.

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