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(영문) 울산지방법원 2016.04.08 2016고정239
산업안전보건법위반
Text

Defendants shall be punished by fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

D As the representative of Ulsan-gu E’s Nam-gu E, Ulsan-gu, a person operating a manufacturing business of water-saving processing machinery, etc., Defendant A is the representative director of the corporation B, who acts for the business owner for the safety and health of workers belonging to the corporation and the contractor’s employees. Defendant B is a corporation established for the wholesale business of machinery, tools, etc. located in Ulsan-gu, Ulsan-gu, and Victim H(59) is a worker belonging to F.

1. Where a project carried out in the same place under a contract consists of a project partially outsourced by a contractor under a contract, the defendant A business owner shall take measures to prevent industrial accidents when persons employed by the contractor carry out work in a place where machinery, apparatus, etc. are likely to collapse or collapse;

D entered into a service contract for shipping full-time seals and testers, etc. in Hyundai Motor Co., Ltd. B and Hyundai Motor Quality Headquarters I, a collaborative company of Hyundai Motor. D, around 1:55 on July 14, 2015, around Ulsan-gu J, Ulsan-gu, J, U.S., U.S., for the victim to drive the vehicle to drive the vehicle to move to the cargo vehicle and let the victim move it to the vehicle.

In such cases, D has a duty of care such as the duty of safety to designate a person in charge of work and to direct work in accordance with the work plan, and the duty of care to ensure that the person in charge of the work is responsible for the duty of care, such as the duty of safety and the duty of care to designate a person in charge of the work plan.

However, while D did not take such measures as above, D caused the victim's death by shock shocks around 13:30 on the same day when the seal test machine exceeds the victim's body.

As such, the Defendant is the contractor.

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