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(영문) 울산지방법원 2015.08.13 2015고단1264
산업안전보건법위반등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of twenty thousand won.

except that this judgment.

Reasons

Punishment of the crime

[B] Defendant A is a representative director and a person in charge of safety and health management of B corporation located in Ulsan-gun, Ulsan-gun, and Defendant B is a corporation established for ship parts manufacturing business, and Victim E (E and 36 years of age) is an employee of the said B corporation with the nationality of the Philippines.

【Criminal Facts】

1. At around 10:40 on February 17, 2015, Defendant A: (a) had the victim, at the place of work of the instant B-based painting, engage in singing operations, with two weighted ship equipment and materials (one name line shower and weighted to approximately 3.7 tons), which are weighted goods. In such a case, the Defendant had a duty of care to prepare a work plan for safety measures to prevent risks arising from the handling of heavy goods, and to have the Defendant perform work in accordance with such plan.

Nevertheless, while the Defendant did not take such measures as above, while carrying out work for the victim, the Defendant exceeded the load of the vessel equipment and materials and caused the victim to die due to the high level of double damage on the spot immediately, and at the same time caused the victim to die due to the above occupational negligence.

2. Defendant B Co., Ltd. did not take necessary measures as above with respect to the Defendant’s business at the date, time, and place under Paragraph (1) and caused the victim’s death.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to F, G, H, I, and J;

1. A report on the occurrence of a disaster, a corpse inspection report, a copy of passport, a request for cooperation in business affairs, a reply to request for cooperation in business affairs, and an on-site photograph;

1. The application of the Acts and subordinate statutes to send a copy of business registration certificate, a certificate of completion, a report on serious accidents;

1. Defendant A of the relevant criminal facts: Articles 71, 66-2 and 23 (2) of the Occupational Safety and Health Act, and Article 268 of the Criminal Act.

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