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(영문) 수원지방법원 여주지원 2018.10.24 2018고정480

산업안전보건법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a business owner engaged in forestry, such as operating a “C” in the Gyeonggi Pyeong-gun B, and conducting a lumbering, and is a person who is responsible for the safety and health management of employees working at the place of work of a tree in the Gyeonggi Pyeong-gun D.

On March 17, 2018, at around 15:30, the Defendant had E and victims F (73 years) work as a person who worked in the workplace of the above saw timber work using an electric saw.

In such a case, the Defendant had a duty of care to prevent accidents by determining a certain signal method as a business owner, by taking necessary measures, such as setting a large channel and shelter area in advance to prevent accidents, and by taking necessary measures, E had a duty of care to check whether there is a person within a radius from which the tree will be used, and by informing him/her of the fact that there is a person within a radius, he/she will be used for a tree in advance to evacuate in order to prevent accidents from shocking people.

Nevertheless, the Defendant did not inform workers engaged in the logging of a certain signal method, and did not take necessary measures, such as ordering workers to engage in the logging work by setting a large channel and shelter place, and E did not take measures, such as checking whether there is a person within the radius on which trees to be cut off, and by informing him/her of the fact that there is a person in the radius, if there is a person within the radius, the fact that the person will be cut off the tree, and allowing him/her to evacuate in advance.

As a result, the head of the victim who was working in the vicinity of the Roman E was written with trees of E, and the head of the victim was shocked.

Ultimately, the defendant's negligence in the course of business and the above negligence in E due to the failure of the above risk prevention measures.