logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.09.08 2017노95
산업안전보건법위반등
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. The gist of the prosecutor's appeal is that the building of this case is likely to wear a laundry at any time between the drum and the outer part of the building of a large volume of laundry, and the construction of this case actually occurred due to the launding of laundry. Nevertheless, the Defendants did not provide a separate safety rules for the removal of laundry inside the laundry or conduct safety education for the methods of coping with the suspension of work, etc. when the laundry occurs. Since the construction of this case was in a state of aging to the extent that it is impossible to grasp accurate financial resources, the Defendants did not directly conduct a daily inspection of the laundry and check when the laundry might have been carried out within the laundry and whether the laundry was properly carried out, the Defendants can be found to have known that the construction of this case was performed without being supported by safety measures for the laundry.

Nevertheless, the court below ruled the Defendants not guilty on the ground that the accident in this case occurred due to the Defendants’ breach of duty of safety measures or occupational negligence, rather than due to the Defendants’ breach of duty of safety measures or occupational negligence. The court below erred by misapprehending the legal principles and misapprehending the legal principles.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the case in question, and at the trial of the party, the prosecutor changed the "in the state of breakdown" of Section 5 of the indictment No. 3 of the indictment No. 5 of the indictment No. 3 of the indictment No. 5 of the indictment No. 5 of the indictment No. 1 of this case to the "if, even if the laundry was broken, there was a defect in which the laundry between the drum of the drying machine and the outer laundry was carried, and even if so, it is prohibited" of Section 3 of the indictment No. 10 of the indictment.

arrow