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(영문) 부산지방법원서부지원 2020.09.25 2020고정307
산업안전보건법위반
Text

Defendant

A The fine of KRW 4 million shall be KRW 3 million, Defendant B shall be punished by a fine of KRW 3 million, and Defendant C shall be punished by a fine of KRW 3 million.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Company B located in Gangseo-gu Busan Metropolitan City and Defendant B is a corporation established for the purpose of electrical construction business, etc., and Defendant B is the business owner who subcontracted the construction of expansion of power in Gangseo-gu Busan Metropolitan Government F from Company E. Defendant C is the head of the construction site at the construction site (hereinafter “construction site”).

2. Defendant A

A. A business owner who violated the Occupational Safety and Health Act due to the death of an employee has a duty to take safety measures to prevent hazards to the employee in the course of performing electric works, by preparing a work plan including the guidelines for safety work necessary for the situation of the operation, such as a work plan for blocking the course, and to ensure safety by blocking the relevant power in advance where the employee is likely to be reduced by performing work in the exposed charging department or in the vicinity thereof.

Nevertheless, at around 12:40 on October 5, 2019, the Defendant failed to perform the duty to take safety measures as above and caused the death of the victim G (Nam, 47 years of age) who is an employee at the above construction site, when performing the duty to take safety measures in the voltage facility.

Accordingly, the defendant violated the duty of safety measures and caused the death of the victim.

B. The Defendant in violation of the duty to take safety measures, despite the duty to take safety measures, is required to prepare a work plan, including safety measures to prevent workers from falling, falling, electric shocking, narrowing, and collapse risk, at the same time and place as stated in the preceding paragraph, and at the same time and place as stated in the preceding paragraph, and when his/her employees handle heavy objects, he/she is required to dismantle or remove heavy objects, despite the duty to take safety measures, in order to prevent danger to workers.

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