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(영문) 서울북부지방법원 2018.10.24 2018고단835

산업안전보건법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. The Defendants’ identity is the safety and health management manager who works as the head of the Defendant C D Headquarters from June 22, 2015 to June 30, 2017 and acts on behalf of the business owner for matters concerning the safety and health of the employees under his/her control, and the Defendant C Corporation is the business owner who is a corporation incorporated on September 2, 2004 with its head office located in E for the purpose of railroad transportation, and runs the railroad transportation business, etc.

2. Criminal facts;

A. Defendant A (1) Defendant C (on the train exchange, connection, and separation work) with a train vehicle entering the F Station, and Defendant C (on the train train exchange, connection, and separation work) with the engine station installed across the country, is carrying out the exchange work in a part of the train station where multiple lines are secured, and Defendant C’s D headquarters is carrying out the exchange work in the F Station located in G.

The call operation is carried out by means of cutting off and attaching a passenger vehicle or cargo vehicle (hereinafter referred to as “stops subject to exchange”) to be exchanged or separated through the call operation on a power-driven vehicle (hereinafter referred to as “venation”). The call operation is made by means of forming a train to be operated after the train subject to exchange is stopped from various tracks stopped.

To this end, when an engineer operating a ventilation and an air ventilator attach a train subject to a refund on a line scheduled to be filled, he/she sent an engine signal to the engineer or a stop signal, and was organized into one group by those engaged in the call exchange work who break out or attach a train subject to a call to a stop call, and one engineer and two or three workers engaged in the call exchange work depending on the degree of difficulty such as the length and number of the train subject to a call call.

On the other hand, in order to reduce the moving time generated in the course of entering several tracks and reduce the way way for workers engaged in the exchange work who are engaged in the exchange work to move to a sidewalk, the workers entering the exchange work shall complete the exchange work on one line, and then move to the scheduled line.