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(영문) 울산지방법원 2017.09.14 2017노346
산업안전보건법위반
Text

The judgment below

The parts against Defendant A, B, E, and F shall be reversed, respectively.

Defendant

E shall be one year and six months of credit cooperatives.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B Co. 1) The facts charged against the Defendants for the following reasons by misunderstanding the facts and misapprehending the legal principles are acquitted.

However, the court below erred by misapprehending the legal principles, thereby misunderstanding the facts, thereby finding all of them guilty.

A) Violation of the Industrial Safety and Health Act due to the failure to take the safety measures of the instant month organization, and violation of the Industrial Safety and Health Act due to the failure to take the safety measures of the opening of the water tank for the instant wastewater treatment facilities. (1) K and L are “workplace producing electricity using nuclear power generation facilities” under Article 3(1) of the Industrial Safety and Health Act and Article 2-2(1) [Attachment 1] [Attachment 1] subparagraph 1(b) of the Enforcement Decree of the same Act, and Article 2-2(1) of the same Act (hereinafter “Enforcement Decree”).

(2) Even if Article 23 of the Home Affairs Act is applied, the instant month Organization does not have a risk of using the equipment specified for the purpose and manufactured for more than 18 months after the operation of a nuclear power plant, as well as the date and time of this part of the charge is the equipment to be used for more than 18 months after the operation of a nuclear power plant, and thus, there is no obligation to indicate the load load in the instant month Organization.

(3) In addition, the opening of the instant wastewater treatment room is located at 1.2m higher than 90cm, which is the standard for the installation of fences under Article 48 of the Rules on Standards for Industrial Safety and Health (hereinafter “Rules”), and it does not constitute a place where workers might fall, and as fences are already installed around the instant wastewater treatment room, it is inevitable to use the side of the slope to observe the opening in order to observe the opening. On the other hand, the instant wastewater treatment room has already been installed with a safety rail, and thus, the Defendant fulfilled its duty to take safety measures as prescribed by the Rules.

B) Violation of the Industrial Safety and Health Act due to non-compliance with the instant valve health measures.

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