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(영문) 서울중앙지방법원 2018.09.13 2018고단2254
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 business owner who employs two full-time workers of the owner of the Gangnam-gu Officetel in Seoul and engages in the lease business in the above officetel, and the victim D (79 tax) was employed by the Defendant on April 201, and was engaged in the management of the above officetel.

1. To correct properly to the extent that such correction does not infringe on the defendant's right of defense related to death;

Where the maintenance, cleaning, oil supply, inspection, repair, replacement, or adjustment of public machinery, transportation machinery, construction machinery, etc., or any other similar work is likely to cause danger to workers, a business owner shall stop the operation of the relevant machinery.

around 17:00 on May 19, 2017, the Defendant received a request from an occupant of the building without his/her name for the release of a vehicle in the mechanical parking lot installed in the said officetel from the occupant of the building. However, even if the injured party was aware of the operation of the parking machine because he/she was performing the replacement work of a fire alarm in the immediately adjacent to the parking machine of the first floor mechanical parking lot underground, he/she operated the parking machine without checking whether the above work has been completed, without confirming whether the parking machine operation was completed. Accordingly, the Defendant operated the parking machine operation pressing, without checking whether the car lifts of the mechanical parking lot has been in operation. The Defendant moved the victim to the following back of the victim, and the victim was pushed over by the body.

Defendant 1 caused the death of the victim by occupational negligence, which caused the death of the victim due to low-blood shocks, etc. on the same day while receiving treatment at Samsung Seoul Hospital. At the same time, Defendant 2 did not take such safety measures as above, resulting in the death of the worker.

2. Business owners' failure to take safety measures;

(a) In the places where workers are likely to fall, as the end or opening of the work launching and passage, the business owner shall install a reinforced structure with sufficient strength protection measures, such as safety railing, fence, vertical fall net, or cover, etc.;

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