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(영문) 부산지방법원 2017.05.11 2017고정24
산업안전보건법위반
Text

Defendant

B shall be punished by a fine of 700,000 won.

Defendant

The amount equivalent to the above fine shall be paid in respect of B.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Defendant A is a person who is responsible for the safety and health management of his/her employees as the director of the B-vehicle Business Office in charge of the safety and health management of the former and the former, using 82 full-time workers in Busan, Seo-gu E.

(a) A business owner shall take measures necessary to prevent any danger caused by electricity, heat, or any other energy;

Nevertheless, until June 22, 2016, the Defendant did not take protective measures to prevent the shock in three charging parts of the shuttlers installed in the contact place of B-vehicle business and two charging parts of the shuttlers installed in the contact place of B-vehicle business.

(b) A business owner shall take measures necessary to prevent any danger at a place, etc. where any employee is at risk of falling under his/her work;

Nevertheless, until June 22, 2016, the Defendant did not take measures to prevent the fall risk, such as temporary inspection in B vehicle B’s place of business, and did not take measures to prevent the fall risk by failing to install a safety rail for the prevention of fall at the front-time cleaning team.

2. Defendant B, who is his employee, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to F;

1. Application of statutes on the current status of appointment of on-site evidence photographs and safety management managers;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 67 subparag. 1, Article 23 subparag. 1 (a) of the Industrial Safety and Health Act; Article 67 subparag. 1, Article 23(1) of the Industrial Safety and Health Act; Article 67 subparag. 1, and Article 23(3) (a) of the Industrial Safety and Health Act; the selection of each fine;

B. Defendant B: Articles 71, 67 subparag. 1, and 23 subparag. 1 (a) of the Industrial Safety and Health Act; Article 71 of the Industrial Safety and Health Act.

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