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(영문) 부산지방법원 2016.06.16 2015고단5557
산업안전보건법위반
Text

Defendant shall be punished by a fine of four million won.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Punishment of the crime

Defendant

The company has its head office in the Seo-gu B building 505 in Busan, Seo-gu and is a private waste collection company that takes charge of collecting and transporting living wastes in part of the area in the jurisdiction of the Busan, Seo-gu, Busan, such as 1, 2, 1, 2, 1, 2, 2, and 3, and 45 full-time workers.

One Part C is the representative director of the defendant company from September 15, 2003 to June 25, 2015, who is responsible for the safety and health of the employees belonging to the defendant company.

1. Around December 31, 2014, C instructed the victim D (53 Does) who works for the Defendant Company to perform the work of collecting wastes in the process of recycling wastes in Seo-gu Busan, Seo-gu, Busan. The victim was a person working for the Defendant Company to take 1.2 tons of a truck driver's daily waste for collecting daily waste driven by the Defendant Company, and the victim was getting out of the above E building, and then requested the e building security guards of the E building to move another vehicle parked in the vicinity of the waste separation site to prepare a place where truck stops.

The daily waste collection work requires a truck to stop in the vicinity of the vehicle's separation site by collecting wastes from the victim's wastes. Thus, in the case of the work of using a truck corresponding to the loading and unloading machine of the vehicle, there is a risk of collision with the truck at any time. Thus, in order to prevent the risk, the user shall conduct a prior investigation on the relevant work, record and preserve the results thereof, taking into account the results of the investigation, and prepare a work plan including the route of the operation of the truck, the method of the work, and the measures to prevent industrial accidents.

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