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(영문) 광주지방법원 순천지원 2016.07.29 2015고단1282
산업안전보건법위반
Text

The Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. On January 1, 2014, Defendant A, as the representative director of the Company B, who was awarded a subcontract for work related to the construction of D plant (contract amounting to KRW 7.7 billion), is the safety and health management manager for employees under his/her control, as the representative director of the Company B, who was given a subcontract for work related to the construction of D plant in the luminous iron farm located in Geumdong-dong (hereinafter “instant project”).

On May 30, 2014, in relation to the project of the instant case, there were found parts maintained in the valves installed around the washing system (facilities removing foreign substances on the surface of the bar board using a high voltage outlet) of the E plant among the D factories, and re-cleaning work was conducted. On June 2014, a lower pressure valve (hereinafter “the instant pressure valve”) was installed near the oxygen storage tank in the E plant (hereinafter “the instant pressure valve”).

No business owner shall take measures for the prevention of explosions or fires with respect to containers of pipes, tanks, drums, etc. which are likely to cause hazardous substances, non- hazardous substances, or inflammable or inflammable objects, unless he/she takes measures for the prevention of explosions or fires, such as the removal of inflammable or inflammable objects other than hazardous substances, or the removal of hazardous substances, etc.

Nevertheless, around 09:00 on July 1, 2014, the Defendant did not take measures, such as removing foreign substances and maintenance parts within the pressure valve near the oxygen of the above E plant, and put in the Victim F (62 years of age), who is an employee of the company B, for the trial operation of the ice doping equipment in the E plant, and had the Victim F F work to increase pressure by operating the valve of the oxygen pipe as well as G, which is an employee of the company, around 10:10 on the same day, at around 10:50 on the same day.

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