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(영문) 울산지방법원 2016.07.22 2016고단232
산업안전보건법위반등
Text

1. The defendant A shall be punished by imprisonment with prison labor for eight months;

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

2...

Reasons

Punishment of the crime

Defendant

A As a actual manager of F, the business owner engaged in the manufacturing of steel structure; Defendant B entered into a contract for the construction of four industrial boilers at a factory of D Co., Ltd. from April 27, 2015 to January 15, 2016, with the purpose of manufacturing the industrial boiler, etc. in Ulsan-gu, Ulsan-gu, and the purpose of manufacturing the safety and health of the contractor’s employees; Defendant C Co., Ltd.; Defendant D Co., Ltd., a company established for the purpose of manufacturing the industrial boiler, etc. located in D Co. 3; Defendant D Co., Ltd.; Defendant H(50); and F Co., Ltd entered into a contract for the construction of the four industrial boilers at D Co., Ltd. from April 27, 201

1. Violation of the duty to take safety measures by Defendant B and F

(a) The business owner who operates a business carried out in the same place as Defendant B and contracts part of the business separately shall take measures to prevent industrial accidents as determined by Ordinance of the Ministry of Labor, such as the installation of safety and health facilities, when a person employed by the contractor carries out work at a place where material objects fall or are likely to fall off;

On September 10, 2015, the contractor was the victim of the contractor’s work. Around September 10, 2015, D Co. 3 factory B had been engaged in a melting work in D Co., Ltd., and there was a place where the string of materials was installed, which was at the risk of physical decrease on the head of the work worker.

In such a case, the defendant, who is a contractor, is required to wear a safety cap at the time of work that is likely to fall or fall off the object, to provide the worker with the safety cap, to fully inform the worker who handles the radio remote control apparatus of the string or the pentt position without the steering seat of the matters concerning the safety operation, such as operating manual, etc., and to excessively cut off the string, the anti-fluor, the right and the prevention device (e.g., double-fluor or chain, etc. that snife the weight so that they go against the upper part.

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