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(영문) 서울남부지방법원 2018.04.03 2017고단5515
산업안전보건법위반등
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

As the representative of D, the Defendant is a business owner who has been awarded a subcontract for the replacement of the exchange equipment ordered by the Tran Industries, and is responsible for safety and health at the work site.

The defendant, on February 21, 2014, in Incheon, Seo-gu, Incheon, around 14:00

Ro 32 Ro-ro 18, K (54) directed victims E (hereinafter 54) to prevent exchange equipment installed on the roof of the factory slate located at a height of 5.5 meters above ground.

In such a case, since the roof supporting workers is unfreshed by workers, etc. and there was a possibility that workers may fall into the bottom of the factory floor, the business owner was obligated to install a safety net at the bottom of the work site, and to take personal safety equipment, such as safety caps and safety belts, and to prevent the above accidents in advance.

Nevertheless, the Defendant, without installing a safety net, had the victim work without paying personal safety equipment to the victim, and caused the victim to fall into the container of the factory under approximately 5.5 meters away from the roof of the asbestos slate that the victim was under work.

After all, the Defendant did not take necessary measures to prevent risks, and at the same time, the Defendant caused the victim by negligence in the course of business to suffer serious injury, such as pressure pressure, etc. (Disability grade 02 grade 05) due to the said accident.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 268 of the relevant Act concerning the crime: Article 67 subparagraph 1 of theo Criminal Act and Article 23 (3) of theo Industrial Safety and Health Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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