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(영문) 울산지방법원 2018.09.13 2018고단1767
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a chemical fiber manufacturing chain, which manufactures synthetic fibres using plastic wastes as raw materials in Yangsan City D, and is a person in charge of safety and health management for his/her employees.

1. From January 22, 2018 to 08:00 on the following day, the Defendant violated the Industrial Safety and Health Act, and caused death or injury by occupational and practical operation, the Defendant: (a) had a victim F (58 years of age) of a person who is employed in the workplace from around 19:00 to around 08:00 of the following day, increase the seals, strength and carbon by leaving the person who works in the workplace in question manage the machinery, which enhances seal strength and carbon, such as operation and inspection, etc. of the string machine.

As above, the Defendant, who is a person in charge of safety management, has the duty to stop the operation of the relevant machine, and to take safety measures such as safety measures to prevent accidents from demolishing or suspending the use of protective devices installed in the machinery, apparatus, or equipment, as well as duty to take safety measures such as the duty to take safety measures to prevent accidents, if there is concern for workers to suffer danger in the course of maintenance, cleaning, water supply, inspection, repair, replacement, or adjustment of machinery, etc. or other similar work.

Nevertheless, the Defendant did not require the injured person to stop his strings even after checking the revolving axis, and left a cover of the revolving axis without any other locking device so that workers can easily dismantle the protective devices.

Ultimately, the Defendant did not perform the duty to take safety measures as above, and neglected the duty to perform the duty to perform duties, and caused the victim to die in the form of a pressure-oriented type with the victim’s body’s body reduced into the revolving axis, while the Defendant inspected the revolving axis on January 23, 2018.

2. Violation of the Industrial Safety and Health Act;

(a) the business owner is going to the workplace; or

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