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(영문) 춘천지방법원 속초지원 2015.05.20 2015고정23

업무상과실치사등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of C, which is in the first time B, who is in charge of safety and health management.

1. A business owner who has violated Article 66-2 of the Industrial Safety and Health Act shall take necessary measures, such as installing a cover box on the relevant part, in cases where the operation of pulvers, crushers, crushers, strings, mixturess, mixtures, etc. is likely to be dangerous for workers because raw materials are scattered or are likely to be scattered;

On August 29, 2014, when the Defendant, at around 13:07, had the victim D (here, 45 years of age) who is an employee of the Defendant, operated a mixture with the screen dust to operate anti-satising work, the Defendant was obliged to take care of preventing accidents, such as setting up a cover on the relevant part, and providing sufficient education on the risk of the mixture, when the mixed device is operated, or raw materials are scattered or are likely to be scattered, and the employees are likely to be at risk.

Nevertheless, the Defendant did not cover the above mixture with a cover, and did not place a worker watcher or sufficiently educate the victim of the danger of mixing, and caused the victim to die work without sufficiently educating the victim of the danger of mixing. While examining the mixture in the process of the victim’s work, the victim’s body was folded, and the victim’s body was ended up, it did not take necessary measures such as immediately suspending the operation of the machine at the site, thereby causing the victim’s death, such as multiple prolonged electric power failure.

Accordingly, the defendant violated Article 66-2 of the Occupational Safety and Health Act, and at the same time caused the death of the victim by occupational negligence.

2. Violation of subparagraph 1 of Article 67 of the Occupational Safety and Health Act;