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(영문) 울산지방법원 2018.05.31 2017고단1159

산업안전보건법위반

Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant B Co., Ltd. is a corporation established for the purpose of vessel operation business, etc. in Ulsan-dong-gu I, Ulsan-gu, and Defendant A is a representative director of B Co., Ltd., and is a safety and health manager who acts for the business owner on matters concerning safety and health of its employees.

Defendant

D Co., Ltd. is a corporation established for the purpose of shipbuilding, repair, sale, etc. of ships in Ulsan-gu I, Ulsan-gu, and the defendant C is a representative of the shipbuilding business headquarters of the D Co., Ltd., who is a person responsible for safety and health management who acts on behalf of the business owner with respect to matters concerning the safety and health of workers employed by the owner.

Criminal facts

1. On September 1, 2016, at around 09:35, the Defendant: (a) had the victim J (33) divide the temporary support stand of the rack tank racks of the racks in the body of the victim, who is a person employed at the upper part of the Dok PE head office 2857 Line E31P block block block 2857, which was located in Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul.

A business owner shall take safety measures, such as attaching goods, materials or parts, etc. so that they do not go beyond, and where he/she has prepared a work plan for handling heavy water, he/she shall designate a conductor to command work in accordance with the work plan, and shall take measures necessary to prevent danger, such as the installation of a network for the prevention of abortion, vertical protection net or protection base, the establishment of an area where access is prohibited, and the wearing of protective outfits, if there is any danger that objects fall or fall due to work.

Nevertheless, the Defendant did not take such measures as to prevent the burner tank from being exceeded in connection with the above work by J, and had M, the conductor of the work to handle heavy objects, M, the conductor of the work to handle heavy objects, do not fall before the salvb specified in the work plan.