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(영문) 수원지방법원 안양지원 2017.05.23 2017고단354
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is the representative of the “C” in Ansan-gu, Ansan-si, who is engaged in resource recycling business, and is a general manager for the safety and health management of the said C’s workplace.

1. From around 08:00 on August 13, 2016, the Defendant violated the Industrial Safety and Health Act, and caused occupational and practical death to the victim D (the age of 58) who was employed by the workplace of the above C from around 08:0, the Defendant had the victim D (the age of 58) use the electric crushing machine to perform styp crushing and identification work.

In such cases, the defendant had a duty of care to prevent safety accidents in the laverr by installing safety equipment on the opening of the laverr, etc. of the laverr, and by preventing workers from engaging in laverization and lavering work alone.

In addition, the defendant should take measures such as installing a cover on the part in question when there is a concern that a worker is in danger due to the operation of a minator, etc., and check in advance necessary matters such as placement and education of workers, work methods, protective devices, etc. before the operation of the minator, and take measures to prevent the danger.

Nevertheless, the Defendant did not take measures such as installing a coverr on the opening part of the electric crushing machine installed in the business site of C, and did not take measures to prevent any particular danger prior to the operation of the crushing machine, and had the said victim conduct the crushing and cutting of the electric crushing machine using the electric crushing machine.

As such, the Defendant caused the death of the victim in the process of crushing and cutting off sti pumps at around 14:10 on the same day by failing to take such occupational negligence and safety measures as above, and caused the death of the victim of the sti pumps due to the destruction of collapse, such as the left-hand ple, the left-hand ple, the left-hand gar, and the left-hand arms, etc.

2. Violation of the Industrial Safety and Health Act;

A. On August 18, 2016, the Defendant: (a) at the place of business of the above C around August 18, 2016; and (b) at the machinery operated with power, power blocking devices.

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