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(영문) 대구지방법원 서부지원 2020.06.10 2019고단2479
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a business owner who performs the project for the roof repair of the C factory in Gyeongbuk-gun, Seongbuk-gun, and is a person who controls and manages the business affairs concerning the prevention of risk or health disorder prescribed by the Safety and Health Rules for workers belonging to the above business establishment.

On April 6, 2019, the Defendant, around 15:43, ordered the victim D (year 60) who is an employee, to repair work on the roof of a factory in a height of about 10 meters at the site of the project for the roof repair and maintenance of the factory in the Seongbuk-gun, Seongbuk-gun.

At the time, the roof of a factory is installed as asbestos slate, and there was a low strength due to high temperature heat, steam, internal dust, etc. generated in the process of producing aluminium aluminium in the factory. Therefore, if the work executor does work on the asbestos slate without any safety device in the course of his/her work, it was likely that the asbestos slate may fall without checking the weight of the work executor at any time.

Considering the possibility of falling above, the Defendant was obligated to check whether the factory roof slate can with the weight of workers prior to the work, install a work plate to prevent the roof from shouldering, install a fall protection net in preparation for the possibility of falling, and pay safety caps and safety belts to workers in a place with a risk of falling at least two meters in height and depth, and pay safety caps and safety belts to workers engaged in work at a place with a risk of falling at least two meters in height and depth, and to take safety measures necessary to prevent hazards, such as installation of a light plate or a fall protection net, if there is a risk of danger to workers, such as radiation failure in the process of work on the roof cover with weak materials such as slate and line, etc., and to take safety measures necessary for the prevention of danger, such as construction of a light plate at least 30 centimeters wide or a fall protection net.

Nevertheless, the Defendant above.

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