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(영문) 부산지방법원 2017.03.08 2016고단7877

산업안전보건법위반등

Text

Defendant

A Imprisonment of six months, Defendant B’s fine of KRW 3,00,000, and Defendant C’s fine of KRW 5,000,00, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of the KOBC in Busan, who is in charge of safety management of the employees belonging to the above company, and Defendant B is in charge of the maintenance and repair of the above company's facilities and machinery.

1. On August 2015, the Defendants: (a) dismantled the lifts for cargo installed in a factory operated in the Busan Seo-gu G, Busan; and (b) moved it to the said F business establishment; and (c) the said lifts is a general work set of at least 0.5 tons in load, so long as it is impossible to verify the initial installation time; and (d) there was a risk of safety accidents, such as an accident, such as an accident falling down by a transport vehicle, etc.

In such cases, Defendant A, a person in charge of safety management, shall obtain safety certification conducted by the Minister of Labor while moving and installing the aforementioned lifts, shall install a protective fence at least 1.8 meters high around the entrances of each floor of the building, including the surface of safety certification standards, (including the parts accessible to people around the entrances), and at the entrances of a half of the cargo, a safety door shall be installed, and if the door is open, it shall not be used as an interloft structure appropriate for suspending the operation of the transport equipment (No. 2015-25 of the Ministry of Labor, No. 2015-25 of the Ministry of Labor, No. 3 of the Safety Certification of Dangerous Machinery Equipment, No. 3 (Safety Standards) of the attached Table 3 of the Safety Certification of Dangerous Machinery Equipment). A person who is not an employee concerned shall be prohibited from having access to a place where the air transport equipment is likely to cause danger to workers, such as installation of a watch, etc., and an obligation to take necessary measures to from time to prevent the danger of the engine or width.

On the other hand, the defendant in charge of the maintenance and repair of facilities and machinery.