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(영문) 광주지방법원 2019.09.20 2019고단2199

산업안전보건법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the representative of B who performs water tank cleaning business, etc. and manages matters concerning safety and health of on-site workers and business owners who run water tank cleaning business using workers at the water tank cleaning site in Yong-gun, Young-gun, Jeonnam-gun.

The business owner shall take measures necessary for the prevention of such danger in the places where workers might fall down at work, where material objects might fall or fall off, and in particular, with respect to workers engaged in work at the places where material objects might fall or fall down, or where workers might fall down at a height or depth 2 meters or more, he/she shall have them wear safety belts, and in cases where workers might fall or fall at a place where material objects might fall or fall, he/she shall have workers wear safety belts, and in cases where the installation of safety belts is difficult, he/she shall take measures, such as having workers wear safety belts.

Nevertheless, around October 30, 2018, the Defendant: (a) had the victim D (year 71) perform the water tank cleaning work at the water tank cleaning site of the above C Apartment; and (b) had the victim D (year 71) perform the work without having a work launch plate or fall protection net; and (c) caused the death of the victim who was engaged in the work to put the pump string in a shooting bridge board at a height of approximately 3.5 meters from the shooting bridge inside the water tank to the private bridge board; and (d) around December 13, 2018, the Defendant fell into the floor of the victim who was engaged in the work to put the pump string in a shooting bridge board.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of serious accidents and an industrial accident investigation report;

1. Application of statutes to a copy of a death certificate;

1. Relevant provisions concerning facts constituting an offense;