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(영문) 수원지방법원 2021.02.05 2020고단6796
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] The Defendant: (a) received a contract for the roof repair work of the C Warehouse building in G with the wife population D from C around October 16, 2019 from C around the day of so-called, the Defendant employed the victim E ( South, 54 years old); and (b) employed the victim E (the remaining, 54 years old) on a large amount of one million won.

[Criminal facts]

1. A business owner violating the Safety and Health Act for victims E death in the course of conducting work at a place where workers might fall or fall down, and where workers might suffer danger, he/she shall install a work board by assembling a slope, etc., and where it is impracticable to install a work board, a down protection net shall be installed, and where it is impracticable to install a fall protection net, measures necessary to prevent a crash shall be taken, such as having workers wear a safety belt, etc., and where it is difficult to install a fall protection net, measures necessary to prevent a fall shall be taken, such as safety rail, fence, vertical fall protection net, or cover, etc. shall be installed in a structure with sufficient strength to ensure that workers might fall down, and safety caps and safety belts may be worn up, and where safety belts are installed, equipment, etc. shall be installed to safely relet them, and safety belts shall be installed to prevent such shock, etc. from being installed with such safety devices;

On October 16, 2019, the Defendant instructed the victim to replace the roof of a tent with a height of about 7.3 meters at the above work site.

As above, the defendant who instructs work is likely to fall at a section of approximately 7.3 meters of height, and therefore, the defendant is obliged to pay safety caps and safety belts to work workers and safely install and use safety belts in compliance with the standards.

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