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(영문) 광주지방법원 2021.01.20 2020고단5701

산업안전보건법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000 and by a fine of KRW 7,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A As the representative director of B corporation, a person who exercises overall control over safety and health affairs of his employees, and Defendant B corporation is a corporation established for the purpose of construction business.

1. Defendant A

A. On July 18, 2020, the victim C (41 tax) was engaged in growing the 2.9m height of the 2.9m height with the eroke, a heavy object at the site of the PC Inner Ext. Rab (construction of the building of the PCM) in the Eerogic plant located in the south of Masung-gun on July 18, 2020, by the Defendant’s employees who worked for B Co., Ltd. (41 tax) related to the worker C’s death accident, at around 16:05, the victim C (41 tax) was working for the erogic plant located in the erogic group D (8m, weight 95.2km, 120).

In performing the work of handling heavy water, a business owner shall conduct a prior investigation into the relevant work, topography, ground and ground, condition, etc. of ground in the relevant place of work and record and preserve the result thereof in order to prevent any danger to workers, and shall, in consideration of the result of the investigation, prepare a work plan including safety measures, etc. to prevent the rapid landing and collapse risk and have it perform the work in accordance with such plan, designate a conductor and have him/her conduct the work in accordance with the work plan, and use the vehicle meters only for the main purpose of the relevant machine, and shall use the loading and unloading machinery and transport equipment where heavy objects are transported or handled.

Nevertheless, the Defendant did not take necessary measures to prevent industrial accidents as above, thereby causing the death of the victim in light of the light wave due to the explosion at the site by leaving Kwikset (Connection) with the iron bars, not the loading and unloading machine, in order to reduce the number of iron bars caused by the decline of the victim, and by shocking the top part of the body of the victim.

B. On July 21, 2020, a business owner related to the implementation of the safety measures, such as the fall of workers, shall be dangerous.