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(영문) 대구지방법원 서부지원 2013.04.05 2013고정346

산업안전보건법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the actual representative of the Daegu-gun B Stock Company, who is engaged in the business of manufacturing plastic products with two regular workers.

On August 2012, the Defendant directed the victim C (54 years of age), who is a worker belonging to the Defendant, to put in the bags for collecting raw materials, which were installed in the iron structure in front of the entrance of B’s place of business ( approximately 105 cm, approximately 192 cm, approximately 100 cm in weight, approximately 100 cm in weight).

In such cases, the business owner shall take safety measures, such as attaching products, materials, absence, etc. so that they do not go beyond.

Nevertheless, the Defendant did not take safety measures to prevent the danger caused by the above gigales, etc., and the victim was working on August 31, 2012 in 06:00 to put the raw material pospons, while the victim was working on the part of the victim, the victim came to go beyond the floor with the wind above the victim's pospons.

As a result, the Defendant did not take necessary measures to prevent the above danger and caused the victim’s death to the respiratory part due to the pressure pressure pressure pressure at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes concerning site photographs, photographs of the deceased, body autopsy reports, and postmortem records;

1. Articles 66-2 and 23 of the Occupational Safety and Health Act, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of occupational failure and death in the market and the crimes of violation of the Occupational Safety and Health Act in the market and the punishment provided for the crimes of violation of the same Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act provides that the defendant shall pay 40 million won to his/her bereaved family for the purpose of his/her bereaved family, as agreed.