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(영문) 창원지방법원 2016.08.25 2015고단3480
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant was a business owner who runs a construction business under the trade name of Kimhae-si C and D Construction from 205, and was under construction by contract with a F factory in Kimhae-si E for about 10 days from July 18, 2015.

On July 18, 2015, the Defendant, at around 11:20, ordered the victim G (53 years) who was employed by the Defendant to replace the roof of the above factory, and the victim G (53 years) who was employed by the Defendant to replace the roof of the factory at a height of 6.2 meters high from the ground.

In such cases, the employer has the duty of safety and occupational care under the Industrial Safety and Health Act to prevent falling, by providing safety education to prevent work at a place where his/her employees might fall or fall down, by requiring the workers to wear safety equipment, such as a safety cap and a safety belt, and installing a safety room network.

Nevertheless, the Defendant did not provide safety education prior to work due to negligence in performing the above duty to take safety measures at the above time, at the above place, but did not install a safety room necessary for preventing the crash accident, and did not take measures to require the victim to wear safety equipment, such as safety hair and safety belt, on the roof of the above factory, and caused the victim vavaidine to fall into the floor below 6.2 meters below the above 6.m, thereby causing the death of the victim due to damage to external wounds at the site.

Ultimately, the Defendant caused the death of the victim of his/her work who did not perform the duty of safety measures under the Industrial Safety and Health Act, as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to H, I, J, K, and L;

1. Report on occurrence of each serious disaster, a letter of investigation into and return from accidents, and a report on the occurrence of an accident;

1. A corpse, a site of death, and a corpse;

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