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(영문) 인천지방법원 2016.11.29 2016고단3038

산업안전보건법위반등

Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of three thousand won, each.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management who controls and manages the safety and health of employees belonging to B as the representative director, and the defendant B is a corporation with the purpose of processing waste wires and processing waste home.

1. When dealing with heavy objects, Defendant A’s business owner must provide protective outfits to protect workers from the power, fall, etc., and require them to wear protective outfits in order to prevent the danger of workers in relation to the handling of heavy objects, he/she shall conduct a prior investigation on the relevant occupation, record and keep the results thereof, prepare a work plan for the relevant work and have them perform work in accordance with the work plan, and when preparing a work plan, he/she has the duty of care to prevent workers’ accidents, such as designating the work commander and having him/her command work in accordance with the work plan;

Nevertheless, around 13:45 on December 15, 2015, the Defendant handled F (main place of business), heavy goods, but did not provide protective equipment to workers, and did not designate a work commander without preparing a work plan, caused the victim G to perform loading and unloading of electric wires leased from F (weight 480km) using a vertical set attached to a cargo vehicle, thereby exceeding the above electric circuit cutting devices, and caused the victim's death by covering the two cells and inner frames around that time.

Accordingly, the defendant did not implement safety and health measures to prevent the above risk of workers, and at the same time caused the death of the victim through occupational negligence.

2. Defendant B, on December 15, 2015, the Defendant Company A, the representative director of the Defendant, did not take safety and health measures under paragraph (1) regarding the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1.H and I: