logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2012.11.15 2012노1662
산업안전보건법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The F, who died of the instant accident, did not fall under the “worker who shall be prevented from entering and leaving,” as prescribed by Article 177 of the Rules on Industrial Safety, and the location where the instant accident occurred, is not the three-wheeled road. Thus, the instant dump truck operation duties fall under the “driving on the road conducted by using a truck,” which is an exception to Article 173(1) of the Rules on Industrial Safety, and thus, did not apply the said Rules. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court (each fine of KRW 3 million) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

(a) Article 173 of the former Rules on Industrial Safety (wholly amended by Ordinance of the Ministry of Employment and Labor No. 30, Jul. 6, 2011) (1) (1) When a business owner conducts work (excluding driving on a road on which a truck is carried out; hereinafter the same shall apply) by using a vehicle system, such as trucking vehicles, premises transportation vehicles, and trucking vehicles, which are capable of moving by himself/herself to a place not specified by a power source (hereinafter referred to as "vehicle system loading and unloading transportation machinery, etc.") in the relevant regulations, he/she shall prepare a work plan for safety measures to prevent risks, such as fall, fall, electric failure, narrowness, collapse, collapse, etc. in accordance with the work plan, and implement work in accordance with the work plan;

(2) The work plan referred to in paragraph (1) shall contain operation routes and work methods of loading, unloading, transportation, machinery, etc.

(3) When an employer prepares a work plan referred to in paragraph (1), he/she shall educate the worker concerned.

arrow