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(영문) 대구지방법원 서부지원 2018.11.21 2018고단622

업무상과실치사등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who actually runs a company B in Gyeongbuk, a person responsible for the management of all matters concerning the safety and health of workers belonging to the said company, and Defendant B is a corporation established on September 30, 2014 for the purpose of collecting aggregate on land with a place located in Gyeongbukbukbuk, which employs two full-time workers for the purpose of collecting aggregate on land.

1. Violation of the Industrial Safety and Health Act and occupation of occupational and dental history on October 27, 2017, due to workers D's death;

(a) In order to prevent any danger caused by machines, tools and other equipment in the course of running a business, where the operation of a worker is likely to cause danger to the worker in the course of maintenance, cleaning, oil supply, repair, replacement, adjustment, or other similar work, such as machinery, tools, transportation machinery, machinery and construction machinery, etc., the operation of the relevant machinery shall be stopped, and the safety rail shall be installed at a place where the worker might fall, soil and sand structures, etc. might collapse, material objects might fall or fall, and any other place where there is a risk of natural disaster in the course of conducting a business, in order to prevent such danger, at a point where the upper rail is installed at a point not less than 90 cm from the surface of the floor launching or slope.

Nevertheless, the Defendant, at around 14:30 on October 28, 2017, had the victim D (57 cm) of daily worker D (57) work on the upper part of sand screening machines, and had the victim D work on the part of sand screening machines without suspending the part of sand screening machines despite the risk of danger to workers, while having the victim D work on the upper part of the sand screening machines at around 14:30 on work site located in the north north northwest of around 2017.