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(영문) 부산지방법원 2014.12.03 2014고단3916
산업안전보건법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of shipbuilding ships in Busan Seo-gu and a business owner who has been awarded a contract for BLOCK assembly works by E Co., Ltd., and Defendant A is a representative director of the above B, who is a person in charge of safety and health management who comprehensively manages and supervises the safety and health of the work site.

1. On January 17, 2014, at around 11:00, Defendant A instructed G, a worker of the above E company F&C, to transport sprinks using Hk trucks, which are vehicle loading and unloading transport machinery, at the above E company F&C factory located in Busan F&D.

Since there is a outdoor inspection place in the vicinity where the passage of workers is frequent, the defendant in charge of the safety management of the work site shall faithfully prepare a work plan, including the leader or moving route, which shall be in charge of the safety management of the work site, and shall require the relevant worker to work in accordance with the plan, not only shall the contents of the work plan be notified, but also necessary measures should be taken to prevent risks caused by the transportation of the vehicle, such as the designation of the work commander and the direction of work in accordance with the work plan.

Nevertheless, the Defendant did not faithfully prepare the work plan and notify it to the above G, and did not designate the work commander, and did not take necessary measures for safety by allowing the above G to operate the vehicle without placing the guide.

2. Defendant B, at the above date and place, committed the same offense as that set forth in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each police statement of I, J and K;

1. Application of the Acts and subordinate statutes in which written opinion on disaster investigation is presented.

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