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(영문) 부산지방법원 서부지원 2020.04.09 2019고단1582
업무상과실치사등
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person responsible for the safety and health of his employees as the representative director of B, and the defendant B is a corporation owner which has its head office in Gangseo-gu Busan Metropolitan City and is established for the purpose of manufacturing and wholesale business of goods dealing equipment.

1. Defendant A

A. Violation of the Occupational Safety and Health Act and occupational death in relation to the death of an employee must prepare a work plan including safety measures to prevent danger to workers when handling heavy objects, and have the employee do work in accordance with the plan, and thoroughly inform the relevant employee of the details of the work plan. The Defendant, a representative director, has a duty of care to prepare the work plan as above and inform the relevant employee of the contents of the work plan.

Nevertheless, at around 10:25 on November 29, 2018, the Defendant did not use the safety block or safety pole to prevent the corrosion of the lifts and did not notify the relevant worker of the work plan, including safety measures to prevent the collapse, falling, falling, narrowing, and collapse risk while allowing the victim D (year 47) who is an employee belonging to the said stock company (hereinafter referred to as “the Defendant”) to produce a heavy weight of approximately 100 km, and did not use an exclusive high-tech gun in compliance with the Standards, while the Defendant was engaged in the work to use the gar, without using the safety block or safety pole in order to prevent the corrosion of the lifts, and caused the victim’s head to cooperate with the reinforcement.

Ultimately, the Defendant’s failure to take safety measures as above and negligence on duty on the same day at Busan National University Hospital around 11:48, Seo-gu, Seo-gu, Busan.

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