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(영문) 전주지방법원군산지원 2020.09.09 2020고단941
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is the business owner and the person in charge of safety and health management of the delivery company, which is called the “C,” and the victim D (ma, 47 years old) is the employee belonging to the above company.

On July 21, 2019, at around 9:10, the Defendant instructed the victim to move the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal attached to

Since there is a risk of falling at least 2 meters in height, the defendant, who is a person in charge of safety and health management, has a duty of care to take measures, such as assigning a manager, so that he/she can not board the said cover transport equipment, and to take measures necessary to prevent the fall risk, such as installing a fall protection net around the said cover transport equipment or, in cases where it is difficult to install such a network, to wear a safety belt, etc.

Nevertheless, the Defendant failed to take safety measures such as assigning a manager at the above place or failing to install a fall protection network, and not paying a safety belt to the victim, thereby resulting in injury to the Defendant, such as the chief executive officer who is in need of treatment for about 16 weeks, by falling at approximately 7 meters in the course of putting the bnding down in the transport equipment in order to catch the suspect suffering from the end of the above lifts, thereby falling into approximately 7 meters.

Accordingly, the Defendant violated the duty to take safety measures under the Occupational Safety and Health Act, and at the same time caused the injury to the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D and G;

1. Business registration certificate, report on occurrence (safety accident), internal investigation report, report on internal investigation - preparation of statement of victim and application of Acts and subordinate statutes attached to medical certificate;

1. Subparagraph 1 of Article 67 of the former Occupational Safety and Health Act (amended by Act No. 16272, Jan. 15, 2019) regarding criminal facts.

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