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(영문) 인천지방법원 2019.11.26 2019고단4131
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the representative of C in Seo-gu Incheon, who is engaged in the electricity-saving business by making seven full-time workers in Incheon, and is a person in charge of overall management of matters concerning safety and health of his employees, and the victim D (D, Chinese nationality, and 36 years old) is an employee of the above C.

around 00:02 on July 4, 2018, the Defendant had the victim put a washing system into the sloping site at the above workplace.

In such a case, the defendant had the victim work at a place where the danger of electric shock exists, so there was a duty of safety measures and duty of care to take necessary measures to prevent the danger of electric shock, such as the removal of metal from electric machinery and apparatus, the removal of metal, the removal of metal, and the installation of a leakage circuit prevention device for electric shock prevention.

Nevertheless, the Defendant did not contact the exterior of the screener installed inside the sloping ground, and did not take necessary measures, such as not installing a circuit breaker to the same screener. At the same time, due to occupational negligence as seen above, the Defendant, while inserting the washing agents into the sloping ground in the state of being accumulated within the sloping ground, caused the death of the victim due to the reduction of the body of the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. On-site CCTV reports (verification of CCTV images);

1. Application of Acts and subordinate statutes, such as a autopsy report on a corpse, a physical inspection report on a scene of a corpse, a report on the results of field identification, a report on investigation of a nuclear incident, a autopsy and appraisal report, a report on the measurement of working environment, and

1. Articles 66-2 and 23 (1) 3 (the point of death of an employee due to failure to take risk prevention measures by electricity, etc.) of the relevant Act on criminal facts, and the Criminal Act;

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