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(영문) 인천지방법원 2013.11.20 2013고단1511
산업안전보건법위반등
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A is a person who operates electrical construction business, etc. in the name of “stock company B” in Kimpo-si D, Kimpo-si, and the victim E (the age of 46) is an employee who is employed by the above company as a daily employee and conducts the work of collecting electric wires.

At around 11:40 on December 4, 2009, the Defendant had the victim, etc. do work, such as special high voltage lines (22,900 V), cutting, and collecting electric wires in the state of static power lines, in the vicinity of G funeral hall in the F of Incheon reinforced military forces.

Since the above work is conducted in direct contact with a high voltage line, it is necessary to prepare a work plan that includes the scope of work, appointment of a person in charge of work, necessary matters prior to the commencement of work, work plan for blocking the course of work, etc., and to inform the relevant worker of the details of the work plan. On the other hand, there was a duty of care to prevent accidents in advance by implementing the blocking in accordance with the procedures prescribed in the relevant regulations (Article 319 of the Rules on Industrial Safety and Health Standards).

Nevertheless, the Defendant neglected this and did not prepare a work plan containing specific contents, and did not notify the employees, and caused the victims to be reduced to the above high pressure line due to occupational negligence, which did not comply with the procedure of blocking the electric power route at all and caused the victims to perform the work of collecting electric wires.

The Defendant suffered double arms cutting from the victim due to the above occupational negligence.

2. Defendant B is a corporation established on September 21, 2004 for the purpose of electrical construction business, etc.

The defendant, a representative director, did not take such safety measures as above with respect to the defendant's business at the same time and place as paragraph (1) and suffered double arms cutting.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness E, H, I, J, and K 1.

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