산업안전보건법위반
The defendant's appeal is dismissed.
1. Article 87(1) of the Rules on Industrial Safety and Health provides that an employer shall not have access to dangerous parts, such as level and chain, and does not impose an obligation to install a cover on the parts where employees, such as level or chain, are likely to face danger. As to the facts charged that no cover is installed on the chain of timber transfer lending and lending, the above timber transfer and lending do not have an obligation to take measures, such as installing an additional cover with the products which completed safety inspection to prevent danger at the time of delivery of the products.
In addition, the lending and lending of timber is operated only after the racker starts with the racker, which can move the racker to use the racker, due to the characteristics of the work, it is impossible for workers to access the racker because the racker goes beyond the racker, and if workers intend to access the racker, the operation can be suspended by manipulating the racker's location, so there is no obligation to take necessary measures for the prevention of danger.
In addition, with regard to the facts charged that a cover cover was not installed on the board of the board-frame, the said unit-frame is located at a height of 5 meters above the ground and is located at a place where workers are not accessible, and the employees are not obliged to take necessary measures for the prevention of danger, such as the installation of a cover unit, since the steel network structure is installed below, it is not possible for workers to have an access to the platform.
In addition, according to the corrective order as to each of the above facts charged, the defendant filed a public prosecution even though he/she has installed a cover on the chain of timber transfer lending and lending and the level of the ruling and notified the result, and the above public prosecution shall be deemed null and void as it constitutes illegal prosecution.