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(영문) 의정부지방법원 고양지원 2019.05.24 2019고단27 (1)

산업안전보건법위반등

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B As the representative of C Co., Ltd., which is a clothing manufacturing and wholesale retail company, he/she is a general manager of safety and health management for his/her employees and workers belonging to the contractor, D is the representative of the “E” chain manufacturing industry, such as cargo straws, and the Defendant is the representative of the “F” chain manufacturing industry, such as steel bars, and the victim G (age 36) is a selective engineer, who is the recipient company of H, a supply and demand company, such as freight carriage agency of C.

B around May 17, 2018, at the Koyang-dong-gu Seoul Metropolitan Government, a business establishment, requested D, an operator of "E", to newly produce and install the above list, transport equipment, etc. as a whole, as a day when the goods were carried out and damaged, a quantity used for general work at C's clothing warehouse, which is located in Ilyang-dong-gu, U.S., a business establishment, and D manufactured and installed the transportation equipment part in the transportation equipment by re-subcontracting it to the Defendant, an operator of "F".

In such cases, B, a business owner, had a duty of care to take safety measures, etc. for the prevention of industrial accidents, and D and the Defendant had a duty of care to manufacture and install lifts that meet the legal safety standards.

Nevertheless, in the case of a general work set, D and the defendant are installed with a safety door in the form of the entrance of the cargo carrying-in port in accordance with safety standards, and in the case of an open door, it is a interlocking structure that allows the operation of the transport equipment to be suspended, and in addition, even if the transport equipment has to be installed automatically at the time of the non-flashing, it is required that the protective devices such as the automatic mechanical control of the load control equipment, etc. such as the unit cost of the lifts equipment as requested, the transport equipment without any specific safety structure or safety devices are installed.