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(영문) 수원지방법원 2019.07.05 2019고단1155
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 the actual operator of C in Ssung City Co., Ltd., and is the business owner who performed construction work with three workers by receiving 25,000,000 won of Drified Factory in Ssung City from D in Nov. 10, 2018 from D in Ssung City, by receiving 25,00,000 won from D in Ssung City.

On November 16, 2018, the Defendant directed the victim F (the age of 57) who is employed by the Defendant to perform maintenance and repair works of the PC board in the astronomical shelf at the site of the above tent construction on November 16, 2018.

The Defendant, as the business owner at the above work site, has a duty to take necessary measures to prevent danger, such as installing a light of at least 30cm in width, or driving a safety watch at a place where there is a risk of falling at least 2 meters in height, and there was a duty to pay a safety cap and a safety belt to wear the safety cap and a safety belt.

Nevertheless, the Defendant violated the duty of care as seen above, did not install a work plate or a safety control net on the roof covering materials, such as the board, line, etc. of the PC panel in the field, and did not check whether the above victim wears a safety cap and a safety belt.

On the roof of a seven-meter height between the Hdong and Idong of the above company in charge of the foregoing occupational negligence, the above victim felled into the floor and fell into the floor on November 16, 2018, and caused the death of the credit-based propoppy in accordance with the two frameworks around 10:57 on November 16, 2018.

As a result, the Defendant violated the duty to take safety measures against the business owner, and at the same time caused the death of the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning J, K, and L;

1. A death diagnosis report and a written report of autopsy;

1. Construction contract, business registration certificate;

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