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(영문) 의정부지방법원 2019.06.13 2019고단193

산업안전보건법위반

Text

Defendant

A Imprisonment for six months, and each fine of KRW 3,000,000 shall be imposed on Defendant B and Defendant D respectively.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management who has overall responsibility for safety and health affairs of workers in the workplace as the site manager of the E-Si waste disposal facility, a corporation B (hereinafter referred to as “B”) and D (hereinafter referred to as “D”) jointly entrusted and operated.

Defendant

B is a corporation established for the purpose of private investment projects, etc., which is a business owner who is jointly entrusted with D with the operation of F from E City with 30 full-time workers.

Defendant

D is a corporation established for the purpose of civil engineering, construction work, etc., which is a business owner who is jointly entrusted with F operation with B by using 16 full-time workers.

1. Defendant A

(a) A business owner violating the Occupational Safety and Health Act in relation to a worker's death accident shall, when the commencement of operation of a machine is likely to cause danger to workers, confirm in advance necessary matters, such as placement, education, working methods, protective devices, etc. of workers, and take necessary measures to prevent danger, determine a certain signal method and a person to be transmitted to the relevant worker, and make him/her signal according to signal methods; and (2) take necessary measures, such as placement of a directioner, if the operation of machine is likely to be done normally due to inappropriate working methods in the course of the work, and (3) install a safety cap, safety belt, etc., for workers at a place in danger of falling not less than 2 meters in depth;

On April 24, 2018, at around 15:06, the Defendant had the field workers H(37 years of age) under B perform the inspection and repair of the leakage of the F-emitting valves at the F-Babing hole installed near G.

F The F makes a strong pressure by controlling the pressure of air into a valve, and thereby makes waste.