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(영문) 울산지방법원 2017.11.16 2017고단2219

산업안전보건법위반

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The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged in the instant case is the business owner operating transportation business with the trade name “E” located in Ulsan-gun, Ulsan-gun, and the victim F is the employee employed by the Defendant.

On August 9, 2016, the Defendant: (a) instructed employees, such as the victim, etc., to carry in the above apartment complex using a lifts transport tool for transporting egratorys; (b) on August 9, 2016, the Defendant, who is the owner of the business, had a duty to take safety measures to ensure that the employees do not board the lifts for transporting egratorys; and (c) the employees, such as the victim, etc., have been obliged to pay safety belts and wear them.

Nevertheless, the Defendant neglected to do so and did not educate, manage, or supervise his employees so that he does not board the lifts for transporting animals, but did not provide safety belts, and caused the death of his employees due to damage to his body, etc. by getting on the part of the victim on board the lifts transport equipment for the transport of e-mail and falling down on the floor below 27m of the apartment complex and then falling down on the floor below the 27m.

2. Determination

A. The issues asserted by the Defendant in this case are “i.e., whether the Defendant is a business owner, ② whether the Defendant violated the duty of care when assumed that the Defendant is a business owner.”

B. First of all, according to the evidence duly admitted, the defendant was called from the victim F (hereinafter “F”) to the effect that “The defendant was called from the victim F to the scene of this case, and the defendant was called from the scene manager of the defendant company, “F to the scene of work, 2 male, and 1 drinking away from the field of the work.”