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(영문) 서울북부지방법원 2013.05.24 2013고단439

산업안전보건법위반등

Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by imprisonment without prison labor of 8 months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is the business owner who performed the construction work of the above-mentioned external map by contract with the council of occupants' representatives in Jung-gu, Seoul, and the defendant B is the engineer of the accusation vehicle.

1. Defendant A’s violation of the Occupational Safety and Health Act and the death by occupational negligence, etc. on September 16, 2012, around 16:30, the Defendant engaged in painting operations at a height of about 9.2 meters from the 3rd floor on board the vehicle attached to the accusation operation unit operated and operated by the above EF, along with the victim F (the age of 62). In the case of using the accusation operation unit, the employees shall wear protective outfits, such as safety cap, safety belt, etc. in the event of moving the accusation, the work unit shall be lowered to the lowest extent, and the work unit shall not be loaded and moved to the workplace under the status of carrying the manual, and the workers shall not be obliged to perform duties of care to prevent accidents without smoke, such as preventing the workers from getting out of the workplace under the influence of alcohol.

Nevertheless, the Defendant did not provide the victim with protective outfits, such as safety hair, etc., but did so by dividing it with the victim's dysium, and without checking whether the victim dynasiums a part of the work platform with the victim, the Defendant instructed the above B to move the work platform to the horizontal level without checking whether the victim dynasium dynasiums and work squads, which led to the death of the victim, such as dynasium dynasium and dynasium during treatment at G Hospital located in Seoul, Jung-gu, Seoul, and 16:59 on the same day.

2. Defendant B’s occupational injury, death, etc. in the course of driving and operating a motor vehicle at the complaint work site at the above date, time, place, where the victim gets on and off the work site while wearing protective outfits, such as a safety cap, safety belt, etc., and moves the complaint work site, the working unit shall be lowered and the work unit shall be rounded off.