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(영문) 전주지방법원 2019.05.08 2019노170

산업안전보건법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal is recognized as a substantial employment relationship between the defendant and F, the defendant is a business owner under the Occupational Safety and Health Act, the judgment of the court below which acquitted the defendant of the facts charged in this case on a different premise is erroneous in misunderstanding of facts or misunderstanding of legal principles

2. Determination

A. The Defendant, as the actual business owner of C in the facts charged in the instant case, is a business owner under the Occupational Safety and Health Act, who manages duties concerning safety and health of one full-time worker by being awarded a contract for 800,000 won per day for replacement work from the E Co., Ltd. that received a supply of “D Corporation” from the Korea Electric Power Corporation headquarters.

At around 14:06 on July 15, 2016, the Defendant violated the Occupational Safety and Health Act as follows with respect to the accidents involving images (e.g., 22% in 2.5% in f., 5% in f., 2/14% in f., in f., face, trees, etc., and 3/3% in f., in f., in a telegraphic pole located in f., the Defendant, who was employed as his daily employed by the Defendant, caused a f.m., inc., a bad pet.

1) In the event that an employee engages in electricity work at a place near the charging path, a business owner must install a smoke-saving apparatus suitable for the relevant voltage. Nevertheless, the Defendant dismantled part of the above protection apparatus to ensure the convenience of the work when replacing the smoke-saving apparatus installed prior to the peting work. 2) In the event that an employee engages in electricity work on the charging path, he/she must regularly check whether the strawing apparatus used for the work maintains the safe performance, and shall take measures immediately in the event that the employee finds defects, cracks, damages or other damage before using the strawing apparatus and demands maintenance or exchange.

Nevertheless, the defendant does not regularly check whether the active ship operation device maintains safe performance.