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(영문) 청주지방법원 2014.11.12 2013고단642
산업안전보건법위반등
Text

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

Reasons

Punishment of the crime

The defendant is a personal building business operator who is performing landscaping work among the new construction works in the Chungcheongbuk-gun B and is responsible for the safety and health management of workers belonging to the site, and the victim D(53) is a person who has worked as a prompt assistant work, such as transporting materials at the site.

The business owner shall pay a safety cap to a worker and have him/her wear it when he/she works in the workplace, and if it is difficult to install it, he/she shall have the duty of care to have the worker perform the work after taking measures necessary to prevent the fall risk, such as installing a safety watch net or having the worker wear a safety belt, etc., in a series of places where the falling risk is to be fall.

Nevertheless, the Defendant did not take measures to prevent the falling risk, such as installing a rail on a work plate or wearing a safety watch to workers, despite the risk of falling, while working on a work plate installed outside of the building. In the case of a steering boat, the Defendant did not take measures to prevent the falling risk, such as installing a rail on a safety watch net and workers.

Ultimately, at around 08:50 on October 5, 201, the Defendant, by negligence in the above occupational negligence, felled into the floor while working on the fourth external work engine at the extension site of the above C, and caused the death of the victim D, such as the shock shock around 09:10 on October 5, 201.

Summary of Evidence

1. Police suspect interrogation protocol on defendants, E, and F;

1. Statement of the police officer to G, H, I, F (including J's statement), and A;

1. Notification of building permit, report on commencement, standard contract for construction works, confirmation, and

1. Career certificates of construction engineers, field agents, etc.;

1. A written opinion on disaster investigation;

1. Photographss and photographs corrected on the spot;

1. Confirmation of the accident;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Articles 66-2 and 23 of the Occupational Safety and Health Act concerning criminal facts;

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