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(영문) 전주지방법원 정읍지원 2020.05.28 2019고단537

업무상과실치사등

Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

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

2.

Reasons

Punishment of the crime

Defendant

B The farming association corporation is a corporation established for the purpose of producing manure and liquid manure in Banan-gun C, and the defendant A is a representative director of the above corporation, who is a person in charge of safety and health management for its employees.

1. Defendant A

A. On April 22, 2019, around April 22, 2019, workers D belonging to the farming association corporation B related to the worker D's death was to conduct an inspection on April 22, 2019, around 09:17, at around 5.5 meters of the treatment of liquid fertilizers of the above corporation.

There are 5.5 meters in depth water tanks where the worker might fall down of the water course, and thus, in such a case, the safety manager at the work site shall pay the safety belt to the worker engaged in the work, and if the worker wears the safety belt, he/she shall be equipped with equipment, etc. to safely walk the safety belt. In cases where it is very difficult to install a rail, etc. or it is difficult to install a safety net or to temporarily dismantle the safety rail, etc., he/she has a duty of care to take measures to prevent danger to prevent the fall of workers, such as having the worker wear the safety belt.

Nevertheless, the Defendant neglected this and did not pay a safety belt to D, did not install facilities, etc. to walk the safety belt in the above place, and did not install the safety net.

In the end, the Defendant, who did not take risk prevention measures as above, fell the victim by occupational negligence below the water and caused the death of the victim in the middle of the water.

B. On April 24, 2019, around April 24, 2019, the Defendant, who committed a crime involving the failure to take safety measures, failed to take the following safety and health measures at the workplace, such as the above corporate treatment water tank, etc.

1. A business owner shall prevent workers from falling, etc.