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(영문) 청주지방법원 2018.11.01 2018고단1013

업무상과실치사등

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 3,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the defendant B, who operates the business of the Gu office and employs approximately three full-time workers, and operates the business of manufacturing Nung Nungung-si, etc., and bears the responsibility of safety and health management for preventing industrial accidents.

【Death Accidents involving Workers】

1. On November 20, 2017, Defendant A’s violation of the Industrial Safety and Health Act and the occupational and practical injury, etc. Defendant A had the Victim F (F, 55 years of age) conduct the manufacturing of Nurungs by using a washing machine that deducts full amount from rice from rice at around 16:00.

When the part of the work or operation of machinery and equipment, such as a half-way or roller, is too high or lower than physical conditions of workers engaged in the work, the business owner shall install a safe and proper height of the machinery and equipment, or adjust it to the appropriate height of work, and when the work is likely to cause danger to workers if the work is conducted for the maintenance, cleaning, oil supply, inspection, repair, replacement, or adjustment of industrial machinery, transportation machinery, construction machinery, etc., or other similar work, the operation of the relevant machinery shall be suspended.

Nevertheless, the Defendant, while allowing the victim to conduct the manufacturing of Nurung Park, did not stop the operation of the washing machine, and did not install devices automatically suspending the operation of the washing net when the safety net is cancelled, provided that the Defendant removed the remaining rice attached to the wall of the washing machine installed in a higher location ( approximately 120 cm) compared with the victim’s key ( approximately 155 cm) through a snicking with the main snicking, but the victim’s knicked the said knick with the victim’s knick on the day before the said washing machine.

The Defendant did not take measures for the safety of workers as above and caused the victim's death in the same workplace by putting the victim on a physical wound.

2. The defendant.