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(영문) 대구지방법원 서부지원 2018.09.05 2018고단241

업무상과실치사등

Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant violated the Occupational Safety and Health Act and occupational injury and occupational injury is a business owner who operates the manufacturing business of other textile products with the trade name “C” from the Gyeongbuk-gun B, and is a safety and health manager for employees belonging to the said business.

In order to prevent any danger caused by machines, tools, and other equipment, business owners are obligated to install covers, etc. on the parts where workers, such as electrical equipment bells and chains, are likely to face danger, and to have workers stop the operation of the relevant machines, if there is any fear that the workers might face danger in the course of maintaining, inspecting, coordinating or performing other similar work, such as works, machinery, etc.

Nevertheless, at around 05:15 on August 6, 2017, the Defendant did not install a cover on the roller of the smoke string that workers are or are at risk of breaking, but did not take measures to stop the operation of the smoke string during the process of removing foreign substances laid on the surface of the stringer of the stringer and without taking measures to ensure that the victim D (34 years, D) check the smoke strings from the pressure strings, thereby allowing the victim D (34 years, D) to check the smoke strings from the pressure strings during the process of the above work. As such, the victim’s arms between the stringer and the raw yarn, and the head part of the string together, leading the victim to death due to serious cerebriform damage.

2. Violation of the Industrial Safety and Health Act;

(a) A business owner who breaches his/her duty of care, such as the preparation of a work plan, shall take necessary measures to prevent hazards caused by improper work methods in the course of excavating, quarrying, loading and unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work, and shall prepare a work plan in order to prevent hazards to workers when he/she engages in work using loading, unloading, transportation, machinery, etc., and in handling heavy objects, prepare a work plan in order to prevent hazards to workers;