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(영문) 대전지방법원 홍성지원 2019.01.15 2018고단330
산업안전보건법위반등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who operates a cattle shed in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant cattle shed”), and the Defendant is a business owner who, around October 19, 2017, employs three workers, such as the victim C (age 56), D, and E, in the said cattle shed on November 10, 2017, and executes a vinyl replacement work on the roof of the said cattle shed.

The height of the stable roof, which is the working place of the above construction, has reached a maximum of six meters from the ground (3.65 meters from the ground to the height of the point where the victim falls) and the above workers engaged in the replacement of the roof vinyl on the roof which is covered by weak materials such as the intensity (1-2 meters thick). As such, the defendant had a duty of care to prevent the occurrence of safety accidents by taking necessary measures to prevent the fall of workers, such as installing a safety net or safety string at the work site, and attaching safety strings to workers.

Nevertheless, the Defendant neglected to take such safety measures and caused the death of an external cerebrovascular at around 16:14, Nov. 21, 2017 during treatment by getting the victim, who had been engaged in plastic replacement work on the roof of the said stable, to fall under the floor below 3.65 meters, and then sent back to a F Hospital.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is insufficient to recognize that the evidence submitted by the prosecutor alone cannot be deemed as a person who directly performed the instant work by ordering the victim, etc., or supervising the instant work, and that the Defendant had a duty of care as stated in the facts charged, and there is no other evidence to acknowledge this otherwise.

(1) D shall conduct past business registration and newly build a stable.

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