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(영문) 울산지방법원 2017.11.30 2017고단3665
산업안전보건법위반
Text

Defendant

A In five months of imprisonment, Defendant B shall be punished by imprisonment without prison labor for April, and Defendant C shall be punished by a fine of KRW 3,00,000.

Reasons

Punishment of the crime

Defendant

A As the representative director of C, he is a person in charge of safety and health management for employees under his control. Defendant B is a factory manager of the above company. Defendant C is a business owner of a legal entity established for the purpose of treating petroleum refining in Ulsan-gun, Ulsan-gun, and Victim E is a worker of the above company.

1. Defendants A and B conspired to commit the joint crime on December 21, 2016, and had a person working at the factory of the company at the above company conduct the washing work of the tank D-102 tank (S-10 tank storage tank). On the same day, the tank was used to remove the fire by heating a kind of chemical ethylene (stye’s main ingredients of the styrene, heat oxide generation) from around 10:00 to around 14:00, and the victim was engaged in the washing work of the tank at the above tank from around 16:30 on the day.

Ordinary washing work is carried out by means of spraying cleaning the inside of the tank to the outside of the tank, and thereafter, the remaining parts of the ethylene fluor to the inner wall of the tank had difficulty in cleaning the worker directly entering the tank. Thus, if the washing work is carried out in the tank in which the chemical substance was contained, there is a risk of oxygen deficiency, deterioration due to harmful gas, etc., and thus, the Defendants, who are the safety and health manager and the field manager of the business owner, are obliged to call the place of work in order to maintain the adequate air condition, or to wear the air conditioning or air conditioning, and to leave the place of work at that time, and take necessary safety measures, such as assigning a supervisor who can monitor the situation of the work, and taking necessary measures, such as taking care of safety measures and taking care of duties.

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