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(영문) 인천지방법원 2019.01.10 2018노731

산업안전보건법위반

Text

Defendant

C. All appeals filed against the Defendant A and B by the Co., Ltd., D, E and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the instant accident, Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D (misunderstanding of facts or misunderstanding of legal principles, and unreasonable sentencing) violated the duty of care in the course of business.

shall not be deemed to have taken safety measures required under the Occupational Safety and Health Act.

Nevertheless, the court below convicted all the above defendants. The court below erred by misunderstanding facts or misunderstanding the legal principles as to the establishment of related crimes, which affected the conclusion of the judgment.

In addition, each sentence sentenced by the court below against the above defendants (the defendant C: the fine of 5 million won, the defendant D: the community service order of 1 year and 80 hours of suspended execution for six months of imprisonment without prison labor) is too unreasonable.

B. As to the instant accident, there was no fault on the structural calculation or structural design performed by Defendant E as a rescue technician in relation to the instant accident.

Even if Defendant E’s negligence is recognized, this cannot be recognized as a direct causal relationship with the instant accident.

Nevertheless, the court below convicted the above defendant. The court below erred by misunderstanding the facts or misunderstanding the legal principles as to the establishment of related crimes, which affected the conclusion of the judgment.

In addition, the sentence (one year and eight hours of probation for six months of imprisonment without prison labor) sentenced by the court below is too unreasonable.

C. Prosecutor [Defendant A Co., Ltd. (hereinafter “Defendant A”)]

In consideration of the background of the instant accident, the scene of the accident, the cause of the accident, etc., there is a substantial employment relationship between the Defendant A and the Defendant B (representative director of the Defendant A) and the damaged workers.