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(영문) 청주지방법원 영동지원 2016.08.11 2015고단304
산업안전보건법위반
Text

Defendant

A shall be punished by imprisonment for six months, and by a fine of five million won for Defendant B.

However, Defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation with the purpose of collecting forest aggregate in Chungcheong-gun D, Chungcheongnam-dong, and the defendant A is the actual joint operator of the corporation B and the general manager in charge of the safety and health management of the quarrying work.

1. The business owner of a defendant A shall take measures necessary for the prevention of hazards caused by improper work methods, etc. in the course of excavating, quarrying, loading, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work;

However, the Defendant, a business owner, was the general manager in charge of safety and health in B, around 09:40 on June 20, 2015, and around 09:40 on April 20, 2015, ordered workers E to engage in the blasting of the stone remaining in the slope side after blasting by sckes, and did not take necessary measures to prevent each danger as follows:

A. In the course of quarrying operations, the Defendant did not prepare a work plan in the course of quarrying operations, even though the result should be prepared in consideration of the result of the investigation, and the work plan should be prepared in accordance with the work plan in order to prevent the risk of workers.

B. Although it is necessary to take necessary measures to prevent danger by removing earth and rocks, standing trees, etc. which are likely to cause danger to workers due to collapse or falling, or by installing a protective net, etc., the Defendant did not take necessary measures, such as having F, etc. confirm whether the work in the above E is done in a safe way below the slope surface.

2. Defendant B, as to the Defendant’s business at the time and place specified in paragraph (1), committed the above violation.

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