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(영문) 수원지방법원 평택지원 2020.05.19 2019고단2076

산업안전보건법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who conducts landscaping business in the name of "C" in Ansan-si B, and is also an employer who extracts seven pine trees owned by E planted in Ansan-si D and transplants them to the place designated by "F."

The Defendant is a person who employs the victim G (the age of 66), H and I, who is a daily worker, at 200,000 won per day, and exercises overall control over safety and health of the said worker with respect to the transplantation of pine trees.

In order to prevent any danger to workers in performing the work handling heavy objects, a business owner shall conduct a prior inspection on the relevant work, the topography, ground level, and ground level, etc. in the relevant place of work, and record and keep the results thereof, and shall prepare a work plan to take safety measures to prevent any fall and electric intensity danger in consideration of the results of the inspection and have them perform the work in accordance with such plan.

In addition, when a business owner carries cargo at least 100 km in units on the vehicle system, loading, unloading, transportation, machinery, etc., he/she shall set the work order and the work method to the conductor of the relevant work and instruct him/her to do so, and shall inspect the machinery and tools and remove defective goods.

On April 20, 2019, around 12:22, the Defendant extracted 7 pine trees from the tree dry field D located in Ansan-si, to three parts, including the victim G, and instructed five tons of freight trucks prepared by the Defendant, and one ton of freight trucks possessed by the purchaser F.

The above pine trees have a weight of 400km per annum. The defendant, as the above, has a duty to prepare a work plan containing safety measures to prevent workers from falling and transfer risks in order to prevent risks in the course of handling heavy objects, and to have workers work in accordance with such plan.

In addition, the defendant carries out the work of loading cargo.