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(영문) 서울서부지방법원 2018.04.11 2018고단373

산업안전보건법위반등

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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 an employer who operates a “D” in Seodaemun-gu Seoul Metropolitan Government.

The business owner shall have workers engaged in an operation in which material objects fall or are likely to fall, wear a safety cap, and have them wear it at a place where height or depth is likely to fall, and have them wear a safety belt, and have them wear it by paying the safety signal to workers engaged in the operation at a place where the work is likely to fall at least two meters in depth, and have them wear the safety signal, fence, vertical fall telescopes or covers, etc., in a place where workers might fall at the end or opening of the work plate and passage, where they are likely to fall, the safety rail, fence, vertical fall telescopes or covers, etc. shall be built with strong

On September 2, 2017, around 13:40, the Defendant: (a) demanded the victim F (57 tax) to board the train work unit for accusation and to install an advertising banner on the eight-story outer wall of the building in question by a person who has worked for the daily use of “D” belonging to “D” in the Seodaemun-gu Seoul Metropolitan Government E building.

At the time, the place is the outer wall of the building located at a height of about 28 meters, and the worker was at a risk of falling, the defendant paid safety caps to the victim for wearing them, and there was a duty of care to prevent accidents in advance due to fall by installing a safety rail, fence, vertical fall net, cover, etc.

Nevertheless, the Defendant neglected this and did not pay a safety cap and safety belt to the victim, and did not install a safety rail, etc. on the front part of the work belt, and caused the victim to fall down on the ground away from the work belt, while the work cost of the vehicle in which the victim was working.

Defendant 1 caused the death of the victim immediately from the front side of the above E building due to the occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A written appraisal of autopsy;

1. A corpse examination report and a photo of a dead body scene;