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(영문) 광주지방법원 2019.03.27 2019고단264

업무상과실치사등

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is the representative director of the B Co., Ltd. in the Gwangju Mine-gu, who actually controls matters concerning the safety and health of workers.

B. On July 18, 2018, around 16:00, the Defendant ordered employees, including victims D (48 years of age, south) to engage in steel work at the steel production plant in the above B Co., Ltd. (hereinafter “slicker”).

In order to prepare for danger to workers when operating a machine for steel operations, the defendant has an occupational duty to confirm in advance necessary matters, such as placement, education, working methods, protective devices, etc. of workers, and to give caution to the workers by signal methods and by signal methods to the workers concerned.

Nevertheless, the Defendant caused the death of the body in the drum during work, without being equipped with workers' placement, education, work methods, protective devices, etc. at the above workplace, and without setting signal with the signaler, by negligence in the course of performing duties, which led to the death of the body while working.

(c) A business owner who violates the Occupational Safety and Health Act related to regular supervision shall take measures necessary to prevent hazards caused by machinery, apparatus, and other equipment;

Nevertheless, from July 19, 2018 to the following day, the Defendant did not take measures to prevent and prevent access to the steel manufacturing plant A Dong Co., Ltd. from being loaded at Adong Co., Ltd. at the steel manufacturing plant: (a) and did not take necessary measures to control, fall, etc. of facilities, explosive substances over 15 times as the list of crimes.

2. The representative director A of the defendant B, who is the defendant, shall prevent industrial accidents as provided in paragraph (1) in relation to the defendant's business at the same date and place.