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(영문) 대구지방법원 2019.06.05 2019고정92
업무상과실치상등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

B is a corporation established on June 3, 1994 for the purpose of manufacturing and selling machinery and equipment and electronic parts with its head office in Daegu-gu, Daegu-gu, and the defendant is a representative director of the above company who exercises overall control over the safety and health of workers.

1. A business owner who has violated the Occupational Safety and Health Act due to the failure to prepare a work plan shall take necessary measures in order to prevent hazards caused by defective work methods, and in particular, in order to prevent hazards to workers, he/she shall conduct a prior investigation on the geographical features, geographical features, ground features, and geographical features, etc. of the relevant work site and record and preserve the results thereof, and shall prepare a work plan in consideration of the results of such investigation and have it conduct work in accordance with such plan;

Nevertheless, on December 23, 2015, the Defendant did not prepare a work plan through a prior investigation, even though the Defendant had his/her employees handle the frame for the exhaustr system, which is a weight of one ton, at the above workplace.

2. A business owner who has violated the Occupational Safety and Health Act due to the unpaid protective outfits and caused occupational injury by occupational negligence shall, in handling heavy objects, take necessary measures to prevent danger caused by defective work methods, and in particular, protective outfits, such as safety shoes, in compliance with the working conditions, shall be provided to workers engaged in dangerous work due to falling or shocking of objects, cutting of objects, etc. in excess of the number of workers;

On December 23, 2015, the Defendant instructed workers E, etc. to perform the assembly of steel frame that allows workers E, etc. to receive luminous devices within a factory located in Daegu-gu, Seogu, Daegu-gu.

At the time, workers are engaged in assembling wheels with approximately 6 meters in length, about 1m, about 20m in height, about 1m in weight, and about 1m in weight.

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