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(영문) 청주지방법원 충주지원 2018.08.28 2018고단342
업무상과실치사등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a wholesale business, such as construction materials, using one employee under his/her trade name, “E” in the Chungcheongnam-gu Sound Group D, and is in charge of overall control and supervision over matters concerning safety and health of his/her employees.

1. On January 13, 2018, a business owner in violation of the Occupational Safety and Health Act shall ensure that employees engaged in an operation at a place where material objects fall or are likely to fall, or at the risk of fall, or at least two meters in height or depth, shall be paid at least the number of workers engaged in the operation of a safety cap and safety belt, and shall install a safety net in cases where it is difficult to install a rail, etc. or where it is necessary to temporarily dismantle a rail, etc. due to the necessity of the operation: Provided, That where it is difficult to install a safety net, a business owner has a duty of care to take necessary measures to prevent any danger that workers might fall, such as having workers wear a safety belt, etc.

Nevertheless, at around 17:25 on January 13, 2018, the Defendant neglected the duty of care to safely supervise and supervise the victim by failing to take measures, such as having the victim F (53 Does) wear safety caps and safety belts, or installing safety nets on rails, etc. at the above place of business, and caused the death of the victim by failing to wear any safety outfits, such as safety caps and safety belts, inside the warehouse of the above place of business, immediately after the victim gets snow, without wearing around 3 meters of the upper roof of the steel structure, while manufacturing a roof of the steel structure using a string roof of the steel structure using a 3-meter roof, falling under the bottom below the floor, falling on the same day.

2. A business owner who violates the Industrial Safety and Health Act around January 17, 2018 is at the end or opening of a board of work and a passage.

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