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(영문) 수원지방법원 2021.01.13 2020고단4968
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six 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 is the representative of "C" and the person in charge of safety and health management, who is a business entity processing and recycling P.E (Plyethyle, hereinafter referred to as " Polyethylene") from the wife population B.

1. On February 3, 2020, around 15:25, 2020, the Defendant: (a) had the victim D (D, secta, 31 years old) who was working at the above C plant, and the victim D (D, secta, and 31 years old) who was working at the workplace, processed and reclaims polyethylene to a revirative voltage, thereby producing “low density polyethylene (LDPE)”.

In such cases, the Defendant, a business owner, has a duty of care to prevent accidents in a mination machine by installing safety equipment, such as covers or soundings, if a worker is likely to suffer danger by having contacted with the operation part from the opening of a mination machine, etc., and by making the worker not to engage in mination work alone, such as posting safety managers, etc., the Defendant had a duty of care to prevent accidents in a mination machine.

Nevertheless, the Defendant did not install safety equipment, such as covering or sounding, at the opening of the refraturization apparatus installed in the said place of business (70cm wide, 56cm wide). On the same day, while the Defendant puts polyethyl scrap in the part of operation from the opening part of the rupture of the rupture to the rupture of the rupturer, the Defendant caused the death of the rupturer in the said C at around 15:37 on the same day, while the Defendant did not place a safety manager for the aforementioned duties by himself/herself by the victim without assigning a safety manager.

2. Violation of the Industrial Safety and Health Act relating to the regular supervision of the workplace of a serious disaster.

(a) The business owner shall install lives, sound lives, etc. of the parts where workers, such as wheel belts and chains, are likely to face danger by using machine motor wheel sprinks;

Nevertheless, the defendant on February 2020.

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