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(영문) 광주지방법원 2019.03.29 2018고단5373
산업안전보건법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a business owner with the purpose of manufacturing lectures and main products in Gwangju Mine-gu, and the defendant A is a representative director of the above corporation who exercises overall control over safety and health affairs for workers.

1. Defendant A

A. On May 3, 2018, around 10:40 on May 3, 2018, the Defendant caused the death of workers by occupational negligence, and the Defendant caused D, a managing director, to be an employee under his/her control, to have the victim E in charge of the manufacturing of main objects, with no water working volume. In order to prevent the leakage of the roof of a factory, the Defendant instructed the victim E, who is an employee under his/her control, to use electric tools on the existing roof, to conduct the manufacturing of booms.

With respect to workers engaged in work at a place with a height or a depth of at least 2 meters, a business owner shall take measures necessary to prevent the falling risk by paying a safety belt at least the number of workers engaged in the work, and having them wear it, and shall take measures necessary to prevent the falling risk, such as installing a light board of at least 30cm in width or installing a fall protection net, in cases where workers are likely to suffer danger, such as falling on the roof cover with weak robbery, such as asbestos slate, wires, etc., when conducting the work on the roof.

In addition, the above factory roof was heighted by approximately 9.8 meters from the floor and part of the above factory roof was a sunlighted for sunlighting. In such a case, the defendant in charge of the safety of the employees belonging to the above factory should take necessary measures to prevent the falling risk by allowing employees to wear safety belts at the time of performing the work on the roof of the above factory, which is a place where workers might fall or fall down, and at the same time, it is checked whether the line is distinguished from the roof of the above factory, and whether it is connected with other roof materials.

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