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(영문) 대전지방법원 논산지원 2019.02.19 2018고단537
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a business owner who operates a secondhand body with three regular workers at the assigned group B, and is a person in charge of safety and health management to prevent industrial accidents of workers.

1. On July 16, 2018, around 13:30, the Defendant violated the Occupational Safety and Health Act related to the death of workers and caused occupational death, etc., caused the victim D (D, 39 years of age) who is a worker of the said C workplace to cut off oil storage tanks for household boiler using a oxygen cutting machine.

The business owner has a duty of care not to take measures to prevent explosion or fire, such as removal of inflammable oil, inflammable scraps, or dangerous substances in advance with respect to containers such as pipes, tanks, or drums which are likely to cause inflammable or inflammable objects, but to take measures to prevent hazardous substances, or to use firearms such as heating of melting, melting, or metal, or to make corrosion-erosion with dyscopic stones, or to perform other works likely to cause flames.

Nevertheless, the Defendant neglected this and neglected to take measures to prevent explosion or fire, and neglected to cut off the above oil storage tank by using a stegrator, etc., the Defendant laid the oil vapor remaining in the oil storage tank.

Ultimately, around 16:50 on July 18, 2018, the Defendant caused the death of the victim in a serious image in the middle-patient room located in Daejeon-gu Daejeon-gu, Daejeon-gu.

2. From July 19, 2018, the defendants who violated the Occupational Safety and Health Act related to regular supervision.

7. By the end of 20.0, in the course of regular supervision conducted at the above workplace, the following measures have not been taken:

When a business owner handles containers, such as gas, etc. used in the vicinity of metal or heating, he/she shall install a place where ventilation or ventilation is sufficient and ensure that no danger of transition shall be ensured.

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