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(영문) 전주지방법원 2014.11.13 2014고단1138
업무상과실치사등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person in charge of safety and health management for the employees belonging to A as the representative director of B, and the defendant B is a corporation established for the purpose of automobile aluminium wheelchairs, processing, and salpsing business.

1. Defendant A

(a) A business owner who violates the Occupational Safety and Health Act due to occupational or human life accidents shall install a strong structure with sufficient strengths to take protective measures, such as safety railings, fences, vertical crashs, covers, etc. at places where workers might fall down as the end or opening part of the work launch and passage;

On December 19, 2013, at around 08:35, the Defendant, in the above company's factory raw materials E in Kim Jong-si, had the victim F (the age of 42) who is an employee of the above company, loaded and transported defective Aluminium wheelchairs to the lifts for general work, and had the victim F (the age of 42) enter the third floor sea with the third floor.

On the other hand, in the event that the above inferior aluminium wheeling work is carried out, the defective goods are placed in the transport apparatus and the charged-in work is suspended. In such a case, the worker who has been engaged in the work continues to work in such a way that he has been able to start a alinium wheel wheeler near the entrance of the third floor by using a large-scale tool with a length of 1.5 meters long, and the above place of work is located at a height of 8 meters from the ground and only 65 centimeters high at x 2.4 meters from the ground.

Therefore, workers are in danger of falling from the workplace in the event of leaving the wheelchairs used in the transport equipment during the above-in work. Therefore, the Defendant had a duty of care to prevent the crashing of workers by taking protective measures, such as safety distress, fences, etc. to prevent the fall from falling off during the work.

Nevertheless, the defendant neglected to do so.

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