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(영문) 광주지방법원 해남지원 2015.06.11 2015고정24

산업안전보건법위반

Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. Summary of the facts charged

(a) Defendant A is the head of the Eup Eup in Jindo-gun, Jindo-gun, and is responsible for overall management of matters concerning the service, safety and health of his employees.

Where workers are likely to be in danger of danger in the course of conducting work at a place where workers fall or are likely to fall or fall, or in machinery, equipment, vessel block, etc., the business owner shall take measures necessary to prevent the fall risk, such as installing a work board, or having the workers wear a safety net or safety belt.

Nevertheless, at around 11:00 on December 10, 2013, the Defendant: (a) loaded a clean-up vehicle to E in the transshipment site for domestic waste of the Seoul-Eup, Jindo-gun; (b) performed the loading work solely by two persons; (c) inasmuch as workers are highly likely to fall, employees are required to wear safety belts in order to prevent fall; and (d) in the absence of such devices, E, while on the part of the worker, took measures necessary to prevent falling risks, e, where E alone took a back a rear door door pole on the front door of the clean-up vehicle, e puts off the front door door door door door pole for the purpose of preventing the fall, resulting in death at the hospital on December 19, 2013, after getting the head injured, resulting in death at the hospital.

B. The Defendant Jindo-gun Office was established for the purpose of public administration (local government), and the Defendant Jindo-gun Office violated A’s duty to take safety measures against a corporate business owner who acts for a corporate business owner as described in the preceding paragraph.

2. Determination

A. Although the facts charged as to whether E was crashed and died, considering the following circumstances acknowledged by the evidence duly adopted and investigated in this court, the cause of the E’s death shall fall.