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(영문) 대구지방법원 2018.10.11 2018고단2383
산업안전보건법위반등
Text

Defendant

A 10 months in imprisonment, Defendant B 4 months in imprisonment without prison labor, and Defendant C 4,00,000 won in fine.

Reasons

Punishment of the crime

1. Defendant A’s position is a person who acts on behalf of Defendant C, the main owner of the safety and health management business, for the Defendant Co., Ltd., the main owner of the safety and health management of employees of the Co., Ltd., as a site manager at the site of “the entire factory main floor, the part of logistics storage, and the whole removal of the outer facilities” among the removal work of the H factory in the G of G in the Gyeongbuk-gun.

Defendant

B As the representative of J, who runs the wholesale business, such as non-ferrous metal, from PJ at Pju-si I, it is an individual business owner who purchased machinery and equipment structures, etc. installed inside a factory from (ju) H in KRW 9 billion and purchased a specialized work to dismantle and remove machinery and equipment structures, etc. to K.

Defendant

C Co., Ltd. is a business owner who has been awarded a contract from J for a specialized work to remove (ju) H factories by employing two full-time workers in Daegu-gu L.

2. Defendant A and B

A. From October 19, 2016, Defendants of occupational and practical death violated the Industrial Safety and Health Act and caused removal of textile materials (tepile acid) storage tanks, including about 42 meters in height and about 13 meters in diameter, installed at the top of six meters above the ground, which are objects of removal works at H around October 19, 2016.

In such a case, a business owner shall conduct a prior investigation into the relevant work and workplace’s topography, ground and floor condition, etc. in order to prevent any danger to workers, and shall prepare a work plan in consideration of the results of the investigation, and have him/her perform work in accordance with the plan (Article 38(1) of the Rules on Industrial Safety and Health), and shall prohibit the use of firearms at a place where a fire or explosion is in danger (Article 242 of the Rules on Industrial Safety and Health). The Defendants knew that there was a risk of fire and explosion if he/she had already been stored in the storage tank before commencing the work, even though they knew that there was a risk of fire and explosion.

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