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(영문) 울산지방법원 2015.04.16 2014고단3916
산업안전보건법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative of the D Company in Busan Dong-gu, who is a field manager at the site of the production of the E meal room in the E-service site that he received from Samju corporation.

On August 26, 2014, at around 12:30, the Defendant: (a) had workers G (Nam, 49 years of age) enter three gales by using the accusation work unit, at the site of manufacturing and installing kitchen equipment for meal rooms E in Ulsan-gun F, Ulsan-gun, Ulsan-gun.

In such cases, when a person in charge of the scene installs a complaint work unit, he/she shall install a drum or an excessive increase prevention device in the work unit to prevent disasters, such as sticking, collision, etc., and when he/she carries out work using loading, unloading, transportation, collapse, etc. on the vehicle system, he/she has a duty of care to prepare a work plan including measures to prevent risks, such as fall, fall, electric failure, narrowness, collapse, etc., and operating routes and work methods of loading, unloading, transportation, machinery, etc. according to the relevant work in order to prevent hazards

Nevertheless, the Defendant, without preparing a work plan at the scene of the production and installation, had the above G to carry out the transportation of air exhausters without installing a dr or an increase prevention device at the complaint work unit. In the process that the above G G increased the work unit in the complaint work unit, left the part between the safe upper part of the complaint work unit and the ceiling of the building, and returned to the hospital. On August 29, 2014, the Defendant sent back to the hospital. On August 29, 2014, at the Dong University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, a 26-do University Hospital caused the death of the multiple long-term part due to the low oxygen brain damage.

Accordingly, the Defendant did not take necessary measures to prevent disasters as above, and did not neglect the duty of care, thereby causing the death of workers G through occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, I, and J. 1.

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