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(영문) 의정부지방법원 2018.12.12 2018고단4648

산업안전보건법위반

Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A as the representative director of the corporation B, A is responsible for and managed the safety and health management of its employees, and Defendant B is a corporation established on June 26, 1995 for the purpose of miscellaneous import business, such as clothing, bad faith, etc.

1. Defendant A

(a) On March 21, 2018, a business owner who violates the Industrial Safety and Health Act shall, in cases where the operation of a vehicle gauge, loading, unloading, transportation, machinery, etc. is likely to cause danger to workers because of the clapsing of the machinery or the clapsing of the machinery, place a person leading the machinery, and take measures to prevent the subsidence of the ground, and the collapse of the side.

In addition, one business owner should have his/her seat belt worn up to the worker who drives the vehicle by sitting and operating it.

Nevertheless, the Defendant, as a safety and health manager, was at the factory B Co., Ltd. and the victim D (32 taxes) located in Gyeonggi-si, Namyang-si, Gyeonggi-do, on March 21, 2018, to operate a vehicle which is a reverse transport machine and to load containers, and did not take measures to prevent the collapse of the side of the route despite the risk that the vehicle might cross the vehicle to be driven by the reverse transport vehicle, but did not allow the victim to drive the vehicle by seating and operating the vehicle and to wear safety seat belts, and did not require the victim to wear safety seat belts while driving the vehicle while the victim was driving the vehicle at the left side of the vehicle while driving the vehicle.

Ultimately, the Defendant failed to take necessary measures to prevent risks, etc. caused by machinery, apparatus, or other equipment as above, resulting in brain death at the E hospital located in Gangdong-gu Seoul Metropolitan Government on March 23, 2018.

(b) May 4, 2018;