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(영문) 광주지방법원 해남지원 2015.06.11 2015고단95
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

From January 3, 2014, the Defendant actually operated D in Jeonnam-gun C.

1. Around 05:40 on August 2, 2014, the Defendant: (a) had the victim E (the 40-year-old) who is an employee performed the work of supplying fish feed at the fish farm; (b) the business owner had a duty of care to minimize damage caused by storm by taking necessary measures for aquaculture facilities, such as suspending work or fixing the entrance, in the event there is a strong wind due to the storm or other unstable weather conditions; and (c) as such, the business owner had a duty of care to minimize damage caused by strong wind by taking necessary measures for the aquaculture facilities.

Nevertheless, the Defendant, by negligence not taking necessary measures, put the door up at a fixed entrance due to a strong wind, and closed the entrance door, faced with the inside of the victim, caused the victim to die with pressure on brain at the hospital in the Namnam University on August 22, 2014.

2. Violation of the Occupational Safety and Health Act;

A. Although a business owner is required to install a strong structure with sufficient strength to take protective measures, such as safety risks, fences, vertical fall-off nets, or covers, at a place where workers might fall down, as the end or opening of the work launch board and passage, the business owner is not equipped with safety risks at the roof of the above D aquaculture, which is a place with a falling risk on August 4, 2014.

B. Although a business owner should install a studio, sound, slick, slick, slick, slick, and slick on the parts where workers are likely to face danger, the Defendant did not install a protective cover on August 4, 2014 with a high-tension washing machine installed in the above D on the whole level.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, G, and H 1.

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