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(영문) 대구지방법원 경주지원 2017.01.19 2016고단502

산업안전보건법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As the representative of C in the racing-si, the defendant is the representative of C, who has contracted the roof construction work from D Company, and performed the roof construction work of D Company Factory E in the racing-si, and has overall control over all matters concerning safety of workers.

around 11:00 on February 17, 2016, the Defendant had the victim F (58 tax) work for the repair of the roof of the above factory in the above D Company.

In that sense, the factory roof top was covered by a weak material with the strength of the line, and the height from the roof to the floor was up to 11 meters, so it was the place where the worker is at the risk of falling.

Therefore, the defendant, who is responsible for safety management of on-site workers, has a duty of care to prevent accidents in advance due to fall by installing a 30 centimeters or more in width or by laying a safety room, and by using a safety cap and a safety belt for workers.

Nevertheless, the Defendant neglected this and did not install a light board or a safety room, and had the victim carry out maintenance and repair works on the roof part of the factory without paying the safety cap and safety belt to the victim. The victim, while taking a line on the roof part of the factory, was in the department of the line and fell on the factory floor below 11m.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in around 11:17 of the same day, such as blood ples, etc.

Accordingly, the Defendant violated the duty to take measures under the Industrial Safety and Health Act against the victim as above, and at the same time caused the death of the victim in violation of the duty of care in the field.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made against the defendant, G, or H;

1. A report on the occurrence of a serious accident, a report on the occurrence of a serious accident (report), a business registration certificate, a quotation, etc.;