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(영문) 광주지방법원 장흥지원 2021.01.28 2020고단236
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a contractor and on-site manager of a new stable in Jinjin-gun C, who is in violation of the Occupational Safety and Health Act, and is a business owner who operates a business using worker D;

In order to prevent industrial accidents that may occur in the course of work at a place where workers are at risk of falling, a business owner shall take necessary measures, such as setting up a fall protection net, etc., and have workers wear safety equipment, such as safety caps, safety shoes, safety altitude, etc., and have workers exercise duty of care to prevent accidents in advance, such as monitoring whether workers take safety measures as above.

Nevertheless, at around 09:40 on January 18, 2020, the Defendant did not take measures such as allowing D to wear safety caps and to connect the safety height with the street at around 10:54 on the roof, even though he considered that D (the remaining, 54 years old) was engaged in the work to fix the roof of the stable, and was off the roof, and she was seated on the roof with a percentage, and did not take measures to ensure D to wear safety caps and to connect D with the safety height. Furthermore, the roof board was set up due to the storm, and the victim fell down on the lower part of about 8 meters, and around 10:54 on the same day, it caused the death of the tension with a tension ple.

2. Violation of the Industrial Safety and Health Act - The Defendant related to the regular supervision of places of business where serious accidents occurred, even though he/she did not take necessary measures, such as installing a board of work or installing a fall protection net, at the places listed in paragraph (1) around January 21, 2020, at the places where employees might fall down.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement No. B made by the police with regard to B;

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