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(영문) 광주지방법원 2020.10.23 2020고단3552
업무상과실치사등
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above punishment shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of the business of manufacturing joint morals and pipes with its head office in Gwangju North-gu, and Defendant A is a representative director of Defendant B, who exercises overall control over matters concerning safety and health of employees under his control.

1. Defendant A

A. On January 28, 2020, around 08:20 on January 28, 2020, the Defendant violated the Occupational Disease and Health Act on the victim D’s death, occupational injury, and occupational injury on the part of the Defendant had the victim D (Nam, 29 years of age) who is an employee of the E-dong plant located in North-gu, Gwangju, operated the crogate and operated the crogate production for mutual assistance.

In such cases, a business owner shall install a power blocking device, such as a stamper and labeling mobile device, etc., at a location where workers can operate without moving their work location, and shall install a string or sounding on the parts where workers might face danger, such as motors, electric shock strings, swimmings, mortars, wheel chairss, bells and chains, etc., and shall take necessary measures to prevent danger after checking in advance necessary matters, such as placement and education of workers, work methods, protective devices, etc., if workers are likely to face danger at the time of commencing the operation of the machinery, and shall stop the operation of the relevant machine if there is a concern that the workers might face danger in the course of maintaining, cleaning, water supply, inspection, repair, replacement or adjustment of machinery, transportation machinery, construction machinery, etc., and other similar work.

Nevertheless, the Defendant did not install power blocking devices at a location where workers can operate without moving the work location, and did not take protective measures on the part where workers might face danger, and did not check the necessary matters, such as protective devices, etc. when the operation of the machinery begins.

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