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(영문) 춘천지방법원 강릉지원 2015.09.18 2015고단774
광산보안법위반등
Text

Defendant

B and N shall be punished by a fine of KRW 5,00,000,000, respectively, for each of eight months of imprisonment.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B is the mine security personnel of Q mining center in P at the time of third party, and Defendant N is the security manager of the above mining center, and Defendant O Co., Ltd. (hereinafter “O”) is the mining right holder of R prior to third party (273h).

1. At around 15:50 on March 4, 2015, Defendant B and Defendant N’s co-offendered Defendants ordered mining transport workers, including the victim S(60 years old), to transport light rocks away from the floor of the pit to the dump truck after blasting work, and to remove light rocks in the pit.

At least 50 meters away from the above mining operation site, there was a place where dust was cut in approximately 20 meters later, and at the same time, there was a period when there was a high risk of the falling-instimulation by easily ice sprinking in the ceiling. In such a case, Defendant B had a duty to take necessary measures to prevent the falling-inscriptive accident, such as installation of a facility in the pit and to take necessary measures for the prevention of accidents, such as installation of a facility in the pit as a safety manager, and to conduct a safety inspection on the overall management of the pit and to instruct the safety inspection of the pit in order to prevent the falling-inscriptive or falling-inscriptive.

Nevertheless, the Defendants neglected to do so, and Defendant B removed only the rocks protruding on the ceiling or removed only the rocks confirmed on the ground, and did not take any safety measures to ensure that the falling of the rocks does not occur in the vicinity of the ground.

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