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(영문) 울산지방법원 2017.07.21 2016고정1459

산업안전보건법위반등

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The Defendants publish the summary of the judgment against the Defendants not guilty.

Reasons

1. Defendant A’s representative director of the factory office is a person who acts for the safety of his workers as the representative director of the factory office B(State). Defendant B(State) is a business owner of a legal entity established for the purpose of manufacturing and selling, etc. asleeped D located in Ulsan-gu, Ulsan-gu, and Victim E(64) is the number of trees employed by the above company.

A. On May 2, 2016, around 11:43, Defendant A was at the construction site for the manufacturing factory site of the above B (State), and Defendant A had the victim assemble a crypt to install a retaining wall at a height of about 3 meters between the F, located behind the said construction site. In such a case, the Defendant, who is in charge of safety duties, has a duty to take safety measures and duty to take safety measures, such as: (a) the Defendant, when engaged in the work at a place where the worker might fall or fall, is likely to pose a danger to the worker; and (b) the Defendant, when it is difficult to install the above work site, has to take measures necessary to prevent danger, such as installing a safety net or wearing a safety string; and (c) the Defendant had a duty to take safety measures, such as the duty to prevent accidents that may occur by a worker, such as placing safety personnel, and the duty to take safety measures, such as the duty to prevent accidents that may occur due to fall.

Nevertheless, the Defendant did not have the victim wear a safety belt to prevent the fall during the above-mentioned assembly work on the retaining wall, and did not place safety personnel.

As a result, the Defendant did not perform the above duty of care and did not take safety measures at the same time, the victimized person fell below approximately 3 meters during the above-mentioned assembly of a retaining wall, thereby resulting in the Defendant’s injury, such as a escape hole on the left-hand side, which requires treatment for about 6 weeks.

B. Defendant B, the representative director of the Defendant, bears the duty to take safety measures as referred to in paragraph (1) with respect to the Defendant’s business.