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(영문) 전주지방법원 정읍지원 2020.02.06 2018고단247
산업안전보건법위반
Text

1. Defendant A shall be punished by a fine of 5,000,000 won;

2. Defendant B shall be punished by imprisonment with prison labor for one year;

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established on September 14, 200 and engaged in the manufacturing of other textile products with 15 regular employees at Jung-Eup City, and Defendant B is a representative director of A, who is responsible for the safety and health management of his employees.

1. Defendant B

A. In order to prevent explosion or fire where a person responsible for safety and health management due to the death of workers engages in a work using drying equipment, the Defendant shall clean or call the inside of drying equipment in advance to prevent explosion or fire, and where risk of fire, explosion, etc. is likely to occur due to static electricity, he/she shall take measures necessary to prevent the occurrence of static electricity, such as the contact with the relevant equipment by a certain method, or the use of electric power systems that are not likely to use percussion materials or become damp and inflammable source, etc. However, the Defendant did not take measures necessary to prevent the occurrence of static electricity or remove the occurrence of static electricity because he/she did not clean or she did not clean the inside of drying equipment, which is a drying equipment, before the use of the drying equipment, and did not take measures necessary to prevent the occurrence of static electricity by failing to fold it.

Ultimately, the Defendant did not take necessary measures for the prevention of danger as above, thereby resulting in the death of his body from the explosion of the string machine No. 3 at the place of business of the said corporation at around November 28, 2017, when D (D, 30 years of age) which is a foreign worker of the same Union of Myanmar who is a foreign worker of the said corporation A (D, 30 years of age) who is a foreign worker of the said corporation, around November 28, 2017. At the same time, the Defendant did not take necessary measures to suppress or remove the occurrence of static electricity in using hazardous materials construction equipment.

(b)the implementation of the safeguards.

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