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(영문) 울산지방법원 2020.02.13 2019고단2760

산업안전보건법위반등

Text

Defendant

B shall be punished by a fine of 5 million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

The Defendant was guilty (Defendant B) with the trade name “C” from January 26, 2007, and thereafter established D from September 26, 201 to November 22, 2018, and was engaged in the business of collecting and selling scrap iron. Around December 2007, the Defendant was engaged in the business of installing a mobile camera on the EM truck and carrying out the work of loading and unloading scrap metal, which is a heavy object, using the said camera from that time.

In the event that the safety inspection prior to the work is not conducted due to the process of selling heavy objects by paralleling and transporting them on either side or side, the mobile rasher used in the above work has a duty of care to check whether the mobile rashers are at risk of spreading or using the equipment itself by weight, and there is a risk of falling weight depending on the connection status of the above heavy objects. As such, the Defendant had a duty of care to check whether the mobile rashers are at risk of spreading or passing, by means of periodic safety inspection on the mobile rashers in accordance with the method prescribed by statutes.

Nevertheless, from December 5, 2007, the Defendant installed a mobile straw on the EKa truck and had it used for ordinary work to load and unload scrap iron, etc. brought from the customer, and the above straw had not conducted the safety inspection of the straw on the part of the bend of the kn forum, even though the straw was in the state of the string connected part of the kn forum with the kn forum.

On November 22, 2018, at D scrap metal storage around 10:55 on November 22, 2018, F, an employee of the Defendant, is the victim H (23 years of age) who was in another scrap metal collection company, such as in Pyeongtaek, who was requested by the Defendant and D to sell scrap metal to D in the absence of G, and requested by the victim H (23 years of age) who was in another scrap metal collection company, as in the absence of the Defendant and D’s employees, to operate the said scrap and to perform unloading work. The victim I, J and the victim H, who is an employee of A, is the victim.