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(영문) 울산지방법원 2016.09.23 2014고단3501
산업안전보건법위반등
Text

1. Defendant A shall be punished by imprisonment for two years.

However, the above imprisonment for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] Defendant A, as the representative director of Company D, is a person who actually manages water tank manufacturing construction works (the name of contract: PR-MFB120 EIFK) contracted by Company E. Defendant B. Defendant B is a field technical team leader of Company D. Defendant C is not only an employee under his control at the site site, but also a person in charge of safety and health management who manages the work for preventing industrial accidents that occur when the contractor’s employees work. Defendant D is a corporation established for the purpose of steel assembly and processing business, etc., and Defendant E is a corporation established for the purpose of building, packing, landscaping construction business, etc.

Defendant

E Co., Ltd. started from March 2012 to July 2012, while performing the construction of a polycom manufacturing plant ordered by J Co., Ltd. from Ulsan-gu K, Ulsan-gu, U.S., the E Co., Ltd. contracted the manufacturing part of a water tank among the construction of a new factory around November 16, 2012 to Defendant D.

[Criminal facts]

1. From April 18, 2013, Defendant A, B, and C had employees belonging to J Co., Ltd. located in Ulsan-gu K from around April 18, 2013 to build a water tank. The employees L employed by D, a new site warden at the above work site, did not have experience in manufacturing a water tank in the method of assembling a V, thereby ordering Defendant B, who had been engaged in manufacturing a water tank at another work site, to put the water tank at the work site and to instruct the employees employed at the work site along with the above L to work site.

Some of the design drawings submitted by D Co., Ltd. to E Co., Ltd. at the time are conditionally approved due to the unexpected time such as the material, quantity, and distance of V conclusion.

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