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(영문) 의정부지방법원 고양지원 2015.09.17 2015고단1543
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Occupational Death Defendant is a business owner who operates “D” where a book production plant is installed in Goyang-dong, Busan-si, Busan-si, and the victim E (year 54) is a staff member of D.

D has been operating a factory to make a studio with an easily attached studio, so in such a case, the business owner has a duty of care to thoroughly conduct fire prevention education for ordinary employees so as not to cause fire, and to thoroughly conduct safety management of fire-fighting systems such as emergency exit and inducement, and to manage the workplace so as not to cause maximum damage to human lives even in the event of fire.

Nevertheless, the Defendant neglected the duty of care for the installation and management of safety facilities in preparation for fire, such as the failure of an employee inside the factory to install an emergency exit that can immediately escape from the factory when a fire occurred. On November 13, 2014, at around 06:00, the Defendant caused the death of the victim due to the corrosion at the scene of the fire, by preventing the victim, who was working at the bed factory, from escape from the outside of the bed factory due to the failure to find an emergency exit properly.

2. The Defendant violated the Occupational Safety and Health Act is a business owner who employs 46 full-time workers and operates D in P in Manyang-dong, Yongsan-gu, Busan.

The business owner shall install safety ties on the open side of stairs the height of which is not less than 1 meter, and shall install strings, sound, slots, and slicks, etc. on the parts in which workers are likely to face danger, such as machine motors, electric sprinks, light, swimmings, spons, and chains.

Nevertheless, around April 23, 2015, the Defendant did not install a rail on the open side of the stairs with a height of at least 1m located outside the factory building located outside the factory building at the same place of business, and it was adjacent to the factory.

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