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(영문) 수원지방법원성남지원 2020.12.09 2019고단2959
산업안전보건법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a business owner who carries out a warehouse business with the trade name called "C in Gwangju City" and is in charge of matters concerning safety and health of his/her employees.

1. A business owner shall use only the primary purpose, such as loading, unloading, transportation, machinery, etc. of cargo;

Nevertheless, on March 5, 2019, the Defendant, at the foregoing place of business, operated a vehicle equipped with a vehicle meter for loading and unloading, and had D, F, and G perform the work of arranging container stuffs, and used the vehicle differently from its main purpose, such as loading and unloading of the vehicle by having E, F, and G board the train on the ray.

2. If a business owner is engaged in harmful or dangerous work and uses the assigned vehicle under the Construction Machinery Management Act, he/she shall not allow any person, other than those holding a license provided for in the Construction Machinery Management Act, to perform such work;

Nevertheless, on March 5, 2019, the Defendant had D, who did not obtain a license as provided in the Construction Machinery Management Act, use the same to arrange container boxes.

3. Where a business owner engages in the work of using loading and unloading, transportation machinery, etc. on a vehicle system, he/she shall conduct a prior inspection on the topography, ground level, floor level, etc. in the relevant work site, in order to prevent any danger to workers, and record and keep the results thereof, in consideration of the findings of the investigation, he/she shall prepare a work plan including measures to prevent any danger, such as fall, fall, electric failure, narrowness, collapse, etc. pursuant to the relevant work, operation routes of loading and unloading transportation machinery and operating methods of vehicles,

Nevertheless, on March 5, 2019, the Defendant did not conduct a prior investigation while using a vehicle which is a loading and unloading transportation machine of the vehicle, and did not prepare a work plan containing risk prevention measures, operating routes, and working methods.

4. The business owner shall make.

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