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(영문) 울산지방법원 2018.07.05 2018고단1150
산업안전보건법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B is a business owner who performs the business of maintaining facilities for collecting resources in Yangsan City, and the defendant A is a person in charge of safety management of the above company, who manages the safety and health of his employees.

1. Defendant A

(a) If the commencement of operation of a machine is likely to cause danger to workers, the relevant business owner shall verify in advance necessary matters, such as placement and education of workers, working methods, and protective devices, and shall take necessary measures to prevent danger;

Nevertheless, the Defendant, on March 24, 2017, ordered workers D to resume the operation of the heat power generation facilities (the steam generation facilities after the incineration of wastes) that had been suspended by a regular inspection at the above workplace on March 24, 2017, but did not take necessary measures for the prevention of danger because the Defendant did not confirm in advance whether workers are informed of the work manuals.

(b) A business owner shall ensure that the working level of a place where workers work on a regular basis meets the standards;

Nevertheless, on April 5, 2017, the Defendant left the front section alone due to the defect of the electric lamps in a multiple-use room, which is a place where workers work on a regular basis at the same workplace.

(c)

Where a business owner installs safety rail in order to prevent danger, such as falling, etc. of workers, he/she shall maintain parallels with floor areas, etc. over the length of the upper rail, and middle railing, and safety rails shall be the strong structure in which at least 100 kilograms can withstanding the bottom in the direction most vulnerable to the most vulnerable point in the structure.

Nevertheless, on April 5, 2017, the Defendant neglected safety railing in the opening before the environmental exhaustion in the above workplace.

(d)

A business owner shall maintain an emergency exit and emergency passage or emergency equipment to be readily used.

Nevertheless, it is not appropriate.

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