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(영문) 대전지방법원 홍성지원 2016.09.06 2016고단435
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 1, 2015, the Defendant received KRW 100,000,00 for E repair work in Chungcheong Hong-gun D and is liable for safety and health management for preventing the industrial accidents of his/her employees.

If workers might be at a place where workers might fall or fall down, a business owner shall take measures necessary to prevent a fall risk, such as installing a safety watch or wearing a safety watch to workers, if it is difficult to install the safety watch by means of assembling the vision or by other means, etc., and shall ensure that workers engaged in work at a place where at least 2 meters of height might fall, wear a safety cap and a safety belt, and have a duty of care to always install and use a safe passage to be used by workers at the place or within the workplace.

Nevertheless, from April 1, 2015, the Defendant: (a) from around April 1, 2015, performed the construction of an essential bond at the site of repair works; (b) without installing a work launch plate, safety net, or safety belt wearing equipment; (c) without paying a safety cap and safety belt to workers; (d) on May 22, 2015, the Victim F (year 61) moved from the wall at a height of about 2.9 meters for the roof construction, the Defendant failed to install a safe passage to walk or move the wall, despite the risk of crashing workers at the time of moving the wall.

Accordingly, around 03:00 on May 23, 2015, the Defendant caused the death of the victim by occupational negligence, and at the same time, did not take necessary measures to prevent the crashing risk at a H hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, and caused the death of the worker.

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