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(영문) 광주지방법원 목포지원 2018.05.18 2017고단1459

산업안전보건법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, with the trade name of “G”, employs four full-time workers at a factory located in Yongamama-gun, Nam-gun, Inc., and is a safety health management manager who exercises overall control over safety duties, etc. for employees under his/her control.

On September 9, 2017, the victim I, a corporation G, was conducting string operations on the "Grails structure for the transport of metal scrap in a lucent-ro," which is approximately 3,000 km in weight, according to the direction of the defendant at the above workplace around 09:30 on September 9, 2017 (the removal of melt, etc. by spraying sand, etc. through compressed air).

The floor of the above workplace has a sand accumulated, and since the above strong structure is a dunes, the defendant, who exercises overall control over the safety of workers, has a duty of care to prepare a work plan, including safety measures to prevent the power failure, etc. of the strong structure, to work in accordance with the plan, and to prevent any danger that may occur in the course of handling heavy objects by taking safety measures, such as attaching a structure not to go beyond the strong structure, etc.

Nevertheless, the Defendant neglected to prepare a work plan and did not take measures to prevent the strength from exceeding the steel structure, and caused the victim to have the strong structure, by negligence, when the victim was working in the state of the strong structure, the scambing water was shakened by the pressure of dust generated in the course of the work and used towards the victim, and caused the victim to have the strong structure.

As a result, the Defendant did not take necessary measures to prevent risks caused by the handling of heavy objects, and at the same time, the Defendant caused the victims to have a fluent death by the cage of the cage cage at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to J, K, and F;

1. A death certificate;

1. A written opinion on a disaster investigation;