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(영문) 수원지방법원 2013.10.16 2013고단2670
산업안전보건법위반등
Text

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

Reasons

Punishment of the crime

The Defendant is a business owner engaged in the non-ferrous-si wholesale business with the trade name “D” in Pyeongtaek-si C.

On September 26, 2012, around 07:40 on September 26, 2012, the Defendant had five daily workers, including victims E (46 years of age), perform the removal work of the board of "G factories" in the "G factories" in the "G factories" in the "G factories" in the "Gsisisisisisisisisisi," and was performing the removal work of the above factory tent on the top of six meters in height

A business owner has a duty of care to take measures necessary for preventing danger, such as installation of a 30cc or more breadth or driving a safety watch, etc., if workers are likely to pose danger on the roof covered by robbery, such as slate, etc., and to take measures necessary for preventing danger, such as wearing a safety cap for workers engaged in work that is likely to fall, and to wear a safety cap for workers engaged in work that is likely to fall.

Nevertheless, the Defendant neglected to do so on September 26, 2012 and did not take necessary measures to prevent workers from falling at the above work on the ground that the Defendant failed to take necessary measures to prevent workers from falling under the above work, the Defendant: (a) while moving on the roof board of the above factory, the roof board supported by the victim without the weight of the victim; and (b) the steel structure supported by the board was removed from the roof, and the victim fell into the ground floor.

Therefore, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the two frameworks in the workplace. At the same time, the Defendant did not take necessary measures to prevent the risk of the victim, who is an employee, and caused the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning H, I, J, K, and L;

1. On-site inspection places, temporary photographs of accidents, certificates of business registration, and reports on the autopsy of the dead bodies;

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