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(영문) 대구지방법원 김천지원 2017.02.22 2016고단635
산업안전보건법위반
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Defendant B Co., Ltd. is a corporation with the head office of Seocho-gu Seoul Metropolitan Government E and 302 operating landscaping business, and Defendant A is the representative director of the above B Co., Ltd. who is the person in charge of safety and health management

(a) In order to prevent physical and mental stress caused by high temperature, Defendant A’s business owner shall be equipped with resting facilities available for break time so that workers can resolve physical and mental stress;

Nevertheless, the Defendant neglected to do so and, from July 10, 201 to November 11, 2015, caused the death of the victim H (33 S) of a person who works for the Corporation B in G located in Kimcheon-si to work for the victim H (hereinafter referred to as “the victim”). On July 11, 2015, the Defendant failed to install resting facilities, such as an increase in the time to rest, and caused the victim to use as a heat-dead disease, and caused the victim who worked at the 30 degrees east-gu, Daegu-gu, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City University Hospital”), who was receiving medical treatment at the 130 degrees east-gu, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City University Hospital”).

B. Defendant B Co., Ltd. did not take necessary measures to prevent the risk of accidents in relation to the Defendant’s business at the time and place specified in paragraph (1).

2. Determination

(a) Article 66-2 of the Industrial Safety and Health Act provides that “Any person who causes the death of a worker in violation of Article 24(1) of the same Act shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won;

Article 24 (1) of the Industrial Safety and Health Act provides that "a business owner shall take measures necessary for the prevention of any of the following health obstacles in operating his/her business:

The phrase “health disability” is prescribed in subparagraph 2, and “health disability caused by radiation, high temperature, low temperature, ultra-frequency, noise, vibration, abnormal voltage, etc.”.

In addition, Section 2 of Article 24 of the Industrial Safety and Health Act is "Article 1.

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