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(영문) 의정부지방법원 2013.06.27 2013노339
산업안전보건법위반
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (definites) container did not have a reason to take protective measures, such as the installation of safety distress, because workers were not work for the roof-line, and was in custody in the warehouse without using the finite bell, and did not actually use the finite plate or the finite, and did not have a duty to take safety measures against the above finite, the lower court convicted the Defendants of the facts charged of this case, and found the Defendants guilty of the facts charged of this case.

B. The sentence of the lower court (e.g., a fine of KRW 500,00) to the prosecution (e.g., a fine of KRW 500,00)

2. Determination:

A. The summary of the facts charged and the judgment of the court below is that Defendant B is a corporation established for the purpose of waste transport and collection business in Gyeyang-gu, Yangyang-gu and employs 26 workers at all times. Defendant A is the representative director of Defendant B, who is in charge of safety and health management of workers working at the workplace. ① Defendant A is responsible for the management of the safety and health of workers at the workplace. Defendant A is responsible for the installation of a bridge with sufficient strength to protective measures, such as safety distress, fences, vertical fall-off nets or covers, at the end or opening of the workplace and the passage of the workplace where workers might fall at the risk of fall. However, around April 9, 2012, Defendant B did not take measures to prevent safety fall, etc. on the upper part of the garage container of 2.5 meters high height where workers might fall at the risk of falling at the workplace.

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