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(영문) 대전지방법원 천안지원 2014.03.21 2013고단1211
산업안전보건법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

The defendant is the representative of D in Seoan-gu, Seoan-gu, Seoan-gu, the defendant is a person who has been awarded a contract for the repair work of the first factory of Samcheon Metal Co., Ltd. and is responsible for safety and health management for workers at the construction site.

When a worker engages in work at a place at risk of falling, the business owner shall install a work plate by means of assembling the vision, etc., where it is impracticable to install a work plate, he/she shall install a safety watch net, and where it is impracticable to install a safety watch net, he/she shall take measures necessary to prevent the fall risk, such as having the worker wear a safety watch.

On May 4, 2013, the Defendant did not take measures necessary to prevent the danger of fall, such as installing a work plate, safety watch net, and safety watch attachment facilities, despite the high height of the construction site and the environment at the work site such as the roof of asbestos slate, etc., in performing the brick repair work on the roof of 9 meters high to workers, around May 4, 2013.

As a result, around 10:40 on the same day, workers E (the age of 43) was placed on the roof of asbestos slate 9 meters higher than the wall repair for the wall repair work, and the asbestos slate was shouldered, falling within the factory below 9 meters, and suffered bodily injury, such as the two structural frame.

Summary of Evidence

1. Defendant's legal statement;

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

1. E statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (3) of the same Act concerning facts constituting a crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentence of Article 62-2 of the Social Service Order Act is based on the defendant's violation of the reason for sentencing and the degree of injury to workers, so the defendant is chosen to be sentenced to imprisonment.

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