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(영문) 창원지방법원 2017.08.25 2016고단2216

산업안전보건법위반등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is an employer who is engaged in construction business as the actual representative of E in Changwon-si D and E in 201.

[1] On December 30, 2015, the Defendant: (a) around 14:40 on December 30, 2015, the Defendant had the victim G (60 years of age) of a person who works in E work in the construction site of a neighborhood living facility in F of Changwon-si; and (b) had the person who works in E work in E perform the installation work of a shoulder at the upper part of the steel-frame structure with a height of about 3.2 meters from the floor.

In such cases, since the above work site is a place where a worker is at the risk of falling, the defendant, who is responsible for the safety of workers, has a duty of care to have the worker wear a safety cap and a safety belt, or to prevent an accident due to fall by installing a safety net.

However, the Defendant, without installing a safety net, failed to have an employee wear a safety cap and safety belt, caused the injured party to die with the floor in order to install a bar flast on the steel structure at a height of 3.2 meters, and caused the injured party to die with a serious brain flass, which was caused by blood transfusion and flass blood transfusion, from the Sungwon University Samsungwon Hospital located in 158, from January 6, 2016, around 23:48, in order to install a bar flast, thereby causing the injured party to die.

Accordingly, the Defendant neglected the duty of care as above and did not take safety measures, thereby causing the death of the victim.

[Violation of Safety Measures] Where a business owner installs safety rail in order to prevent danger, such as the fall of workers, he/she shall constitute upper railing, middle railing, and railing and railing pole, etc. In order to prevent electric shock danger caused by electric shock, he/she shall be in contact with electric machinery and appliances connected to codes and plugs, and a fixed punishment shall be in line with the same type or carry-on electric electrical equipment and appliances.