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(영문) 서울중앙지방법원 2013.04.11 2013노501

산업안전보건법위반

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal did not provide protective protective devices, such as safety, to elderly deceased E and violated the duty to take safety measures by ordering to remove snow in the middle of danger. The above E was healthy, and there is no room for involvement in other causes of death because the time presumption of death was very short to 20 minutes. The court below determined that the location of this case does not constitute a place at risk under the Occupational Safety and Health Act, and that the causal relationship with death cannot be recognized. The judgment of the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged in this case is Defendant B’s representative director of the Seongbuk-gu Seoul D apartment security business company, and despite the fact that the employees keep the floor of the workplace in a safe and clean condition so as not to keep the danger of getting out or getting out of the workplace pursuant to Article 3 of the Occupational Safety and Health Act and the rules on occupational safety and health standards, it did not provide safety measures for preventing sod and maintaining the floor, etc. in a safe and clean condition. On December 24, 2011, at around 04:30 of the above apartment at the 10 seconds of the above apartment 10 seconds of the above apartment 10 seconds of the bicycle for their commuting, and the back head part of the apartment was exposed to the temperature of the Young-gu ice ice, at around 10 minutes of which he was towed, and caused the death of around 04:40 on December 24, 2011.

Defendant

A Co., Ltd. violated the Occupational Safety and Health Act with respect to Defendant A’s business.

B. As to the facts charged in the instant case, it is difficult to view that the front road in front of a guardhouse in an apartment complex where snow is falling under a dangerous place under Article 23(3) of the Industrial Safety and Health Act, and the reason for the death of the network E is known.