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(영문) 울산지방법원 2016.12.15 2016고단3679

산업안전보건법위반

Text

Defendant

A shall be punished by a fine of KRW 10 million, each of whom shall be punished by imprisonment of eight months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

Modern Automobile Co., Ltd. is a business owner who operates the automobile manufacturing business in Ulsan-gu G, and the defendant A is a person in charge of safety management of the above factory as the F of Hyundai Automobile E plant.

1. Defendant A

A. On April 26, 2016, at around 07:12, the Defendant died due to the breach of duty to take risk measures in handling heavy objects, ordered three employees, including the victim H (55 years old), who is an employee of the Hyundai Motor Company, to take up approximately KRW 20.9t of gold, which is a heavy object, to transport presses equipment.

Where a person in charge of safety control performs the work of handling heavy objects, he/she shall conduct a prior investigation into the relevant work, topography, ground level, and ground level, etc. in the relevant work site in order to prevent any danger to workers, and record and keep the results thereof, taking into account the results of investigation, he/she shall prepare a work plan which includes safety measures to prevent the danger of the fall, fall, electric power failure, narrowness and collapse of heavy objects and have two or more workers conduct the work in accordance with such plan, and where he/she conducts the work of treating and transporting heavy objects or uses the heavy machinery, he/she shall determine a certain signal method and instruct and supervise a driver so that he/she can comply with such signals.

Nevertheless, even though the Defendant ordered three workers, including the victim, to transport a metal type, which is a heavy object, using a stringr, as above, did not conduct a prior investigation to prevent workers' risk, and did not prepare a work plan, including safety measures to prevent the fall, fall, electric power failure, narrowness, and collapse of heavy objects, and set a specific signal method, such as allocating a separate signal number at the time of work.