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(영문) 창원지방법원 마산지원 2017.07.18 2017고단476

산업안전보건법위반등

Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

A is a person responsible for the safety and health management of B, a corporation in Gyeong-gun, Gyeong-gun, and the defendant corporation B is a corporation established for the purpose of interim recycling of wastes, which employs 11 full-time workers.

1. The defendant A is a business owner who has a duty of care to remove the risk of collapse, etc. of a structure, building or other facility due to the weight, snow, wind pressure, or other added load, etc. and to assess safety, such as safety diagnosis, and remove the risk to workers in advance.

Nevertheless, from around 2013, the Defendant: (a) installed a pole on the exterior wall of the factory building in order to use electricity to support electric wires that supply electricity to the digging machine while remodelling the digging cater used in the above workplace from around 2013; and (b) installed and used 1,680 kilograms of weighted 1,680 kilograms on that ground; (c) managed and inspected on two occasions a year, after checking the refluor with a luor, or luoring the entire part connected with the pole with the upper part, and did not undergo safety evaluation, such as safety inspection, on steel structures in itself, which are at risk of collapse due to weight.

On July 20, 2016, 16:05, the upper strings, which are steel structures collapsed and fall into the factory floor, and the steel structure protruding from the floor was shocked by the victim D (48 years old) and the left-hand bridge of the victim D (48 years old) who passed below, and was sent back to the hospital and received treatment by the victim D on November 26, 2016, the victim was under treatment. On November 18:45, 2016, the victim was killed from the 158 Chang-si, Changwon, Changwon C&D, a 158 Changwon, from the patient room at the Changwon F&D, the part of the thrings of the victim E (38 years old) who was under his/her control, thereby requiring treatment for two weeks, by shocking the left-hand side of the victim E (the victim E).