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(영문) 광주지방법원 2020.01.09 2019고단4046

산업안전보건법위반

Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B A stock company is a business owner who employs 20 full-time workers in Jeonyang-gun C, and engages in cement processing, manufacturing, and selling, etc., and the defendant A is a representative director of the above company, who is a person in charge of safety and health management of its employees.

1. Defendant A

(a) Where a business owner conducts work using a vehicle system, loading and unloading, transportation, machinery, etc., he/she shall prepare a work plan to prevent any danger to workers, and designate a work commander to command the work in accordance with the work plan;

Nevertheless, at around 10:30 on August 3, 2019, the Defendant had workers D carry out the work of putting it under the bottom of a frigr by using the frigr set in the block manufacturing plant of the above company.

In such a case, although the defendant should have E, designated as a work commander, conduct the work in accordance with the work plan, while E is aF driver of D's vehicle in the course of an external business trip, the defendant continued to break back the victim G (20 years of age) who was working at the back, and continued to break down the victim's chest with the right side of the above forea, and caused the victim's death by cardiopulmonary damage at an I Hospital located in H in the Namyang-gun, Y in the same day at around 11:47 of the same day.

(b) A business owner shall install a studio, sound, slick, slick, slick, slick, slick, slick, etc. on the parts in which workers are likely to face danger;

Nevertheless, on August 5, 2019, the Defendant did not install a consortium, a sound, a slick, and a sound bridge on the part of the consortium Belgium in use at the above place of business.

(c) The employer has contacted or accessed workers with the charging portions of electric machinery, apparatus, or street, etc. due to work, passage, etc.