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(영문) 울산지방법원 2017.01.12 2016고단1548

산업안전보건법위반등

Text

Defendants are not guilty. The summary of the judgment of innocence is published.

Reasons

1. The summary of the facts charged is the business owner of a legal entity established for the purpose of the medical aid and sanitary article sales business located in Busan Shipping Daegu, and the defendant A is the manager of the above Yangsan branch, who is a person in charge of the safety and health management of workers belonging to the interest, and the defendant B is the person in charge of the safety and health affairs of the above Yangsan branch.

A. On December 17, 2015, Defendant A and Defendant B (a) had the victim K (63 taxes) perform the construction of laundry using the mechanical team dried ( capacity of 250km, diameter of 1.41m, 1.84m in depth) on the part of the person working at the above mass production point at around 08:20 on December 17, 2015. Meanwhile, the said laundry function (the laundry function to easily cut down laundry at the drying machine). The victim was put in body into the drying machine in order to cut laundry inside the drying machine.

In such cases, if a defect in machinery or protective devices is discovered, the defendant, who is a person in charge of safety and health management, must use the relevant machinery, protective devices, etc. after maintenance, and shall prohibit the use of the relevant machinery, protective devices, etc. until maintenance is completed. In the event of the maintenance, cleaning, inspection, repair of the contents from the original judgment or the mination machine, etc., or other similar work, there is a duty to take safety measures to stop the operation of the machinery at the same time.

Nevertheless, the defendant did not check the defects of the drying machine in advance and did not maintain them or prohibit the use of them, and when the damaged person takes out the washing machine within the drying machine, he did not stop the operation of the drying machine.