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(영문) 부산지방법원 2014.11.27 2014고정4733
산업안전보건법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Where there is a concern that the workers might be reduced due to work in the charge book exposed to them or in the vicinity thereof, the business owner shall take measures necessary to prevent the danger caused by electricity, such as blocking the relevant electric route before entering the work.

Nevertheless, the Defendant ordered the victim E (the aged 46) who is an employee of the Defendant to carry out the installation work of metal structure on the outer wall of the building (2,90 V) near the above Domoel on the roof on February 21, 2014 in the course of performing the work of installing a metal structure of the facility charging for water transformation (2,90 V) of the building near the above Domoel, while neglecting the duty of care to take necessary measures for the prevention of electrical danger, such as blocking the relevant street in advance, by negligence, the Defendant caused the victim to work as it is without any duty of care, and caused the victim to die due to a sudden shock phenomenon, etc. caused by high voltage, etc., and at around 21:26 of the same day, it caused the death of the victim due to the death of the blood from a high voltage.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol and statement of the police concerning B;

1. A report on the occurrence of a serious accident, a survey report on a serious accident, and an investigation and reinstatement report on a serious accident;

1. Application of Acts and subordinate statutes to each business registration certificate, human park construction contract, contract, and death certificate;

1. Article 66-2, Article 23 (1) 3 of the Occupational Safety and Health Act (the occupation of death of a worker due to a violation of the duty to take safety measures) and Article 268 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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