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(영문) 창원지방법원 마산지원 2021.02.05 2020고단1232

산업안전보건법위반등

Text

Defendant

A shall be punished by imprisonment for six months.

However, 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

Defendant

A Co., Ltd. is a corporation established on November 10, 2010 in Haan-gun C for the purpose of manufacturing a cooling cooling cooling steel plate, etc., which is a business owner who manufactures steel plates using 10 full-time workers. Defendant A is a representative director of the above corporation B, who is responsible for the safety and health of its employees while controlling the business as a representative director of the above corporation B.

1. Defendant A

A. A. Around August 18, 2020, the Defendant committed a crime on August 18, 2020: (a) moved to load and load a coon (weight 1.5 tons, 0.12m in width, and 1.5m in diameter) that was cut by using the victim D ( South, 24 years old) of the nationality of Mazbekiistan in the Dong-dong factory B Co., Ltd. (hereinafter referred to as the above Co., Ltd.) at the same time.

In such cases, the defendant has been obliged to take safety measures by attaching products, etc. so that it does not go beyond the product, and the defendant has a duty of care to prepare a work plan including the structure, work method, etc. of heavy objects in order to prevent the danger of workers in handling heavy objects and to perform work in accordance with the plan.

Nevertheless, the defendant neglected this and did not take safety measures to prevent the co-days, and caused the victim to be placed on the floor by the co-days which lost the center of the work plan including the structure and work method of heavy objects by failing to prepare the work plan properly.

As a result, the Defendant did not take safety measures to prevent industrial accidents as a business owner, and, at the same time, neglected such duty of care, caused the death of the victimized person due to severe damage caused by negligence on duty by 10:36 on the same day.

B. A business owner of August 25, 2020 (i.e., the crime committed on August 25, 2020) must install a cover, a sound, a slick, a slick, a slick, and a slick on the part where a worker is likely to face danger, such as a chain, etc., but the Defendant around August 25, 2020.