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(영문) 부산지방법원 2020.01.15 2019고단5503
업무상과실치사등
Text

A defendant shall be punished by imprisonment for four 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, with the trade name of "C" in Busan Young-gu, is a personal business operator with the main business purpose of the ship repair business, and the defendant was engaged in the work after being requested to repair E engines from D around April 2, 2019.

1. On April 29, 2019, at around 13:10 on April 29, 2019, the Defendant of occupational death and injury caused by the death of workers, the victim F (ma, 58 years old) who is a worker was in contact with the head of the engine head room.

The defendant, who is a business operator, shall install a safe passage to be used by workers at a place leading to the workplace, and maintain at all times the safe passage, and shall provide safety caps to workers in cases where material objects fall or fall at a risk of falling.

Nevertheless, without taking such measures, the Defendant committed occupational negligence in which the Defendant, without taking such measures, had the victim enter the engine heads of 54 cm and 38 cm breadth and the engine strings of 38 cm by using the engine strings in the depth of 1.4 to 1.6 m in which the string cancer is installed at the upper end by using the engine strings of 1.4 to 1.6m of the same day, and the victim, who intends to enter the engine heads of strings of 13:30 on the same day, lost balance, fell under the engine heads of strings, and caused the death of the engine heads of strings, etc. immediately.

2. Violation of the Occupational Safety and Health Act following the failure to take safety measures;

A. The business owner must install a saw saw prevention device on the original saw machine, but on May 15, 2019, the business owner did not install a saw saw prevention device on the saw part of the business establishment in the Busan Young-gu B.

B. A business owner is equipped with a device to prevent snife, etc. from snife off from snife (hereinafter “enife device”).

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