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(영문) 창원지방법원 마산지원 2021.01.26 2020고단1227
산업안전보건법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

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

Reasons

Punishment of the crime

Defendant

The corporation B is the business owner of the corporation established for the purpose of electrical construction business, etc. in Changwon-si, Changwon-si, and the defendant A is the representative of the corporation B and takes overall charge of the affairs that exercise overall control over the safety and health of its employees.

1. On June 10, 2020, the Defendant: (a) around 08:44, at the site of “the work of loading and unloading at the front new stocks and the mouths, lowers, and transportation at the city of Masan-si, Changwon-si, Masan-si” located in D, the Defendant had the victim E ( South and 48 years old) perform the work of loading and unloading utility poles and steel poles using a vehicle train with a vehicle loaded onto the train.

In such cases, the defendant has a duty of care to make the victim start the work, including safety measures to prevent the collapse, fall, fall, electric level, narrow-cut, collapse risk, etc., in order to prevent the risk of the victim who deals with heavy water, and to make the victim perform the work in accordance with the plan, and to make the victim conduct the work in accordance with the plan, and to use the fiber, etc. from the hold of the truck, and to hold the fiber work and cover off, the victim had a duty of care to make the victim start the work after checking that there is no risk of falling into the cargo loaded before commencing the work.

Nevertheless, the Defendant neglected to prepare a work plan for handling heavy objects without taking safety measures necessary to prevent the fall of heavy objects, and caused the death of the victim due to 10:04 on the same day while he was under treatment at G hospital located in the Chang-si, Chang-si, Chang-si, Chang-si, Mapo-si, G hospital, which is located in the Chang-si, Chang-si, Mapo-si.

As a result, the Defendant did not take safety measures necessary to prevent the risk of workers during work as well as causing the death of the victim due to the above occupational and practical injury.

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