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(영문) 창원지방법원 2014.04.08 2013고단3560
업무상과실치사등
Text

1. The defendant shall be punished by imprisonment for eight months;

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

3.

Reasons

Punishment of the crime

The Defendant is a person who runs the business of assembling machinery, pipes, etc. with the trade name “D” in Sungwon-si, Sungwon-si, who was awarded a subcontract for the installation of a tent, among “the construction of a Fcle structure of a stock company,” located at the window of Changwon-si, the Defendant is a person in charge of the safety and health management of workers belonging to the above construction site.

1. A business owner who violates the Occupational Safety and Health Act, with respect to workers' death, has a duty of care to prevent accidents by preparing a work plan containing matters such as the fall, fall, electric failure, narrowness, collapse, etc. according to the relevant work in order to prevent hazards to workers when he/she engages in work using vehicles, such as loading, unloading, transporting, machinery, etc., such as complaint work units, and operation routes and work methods of the relevant machinery, etc., and by designating an ordering person to work in accordance with the work plan;

Nevertheless, at around 08:55 on June 15, 2013, the Defendant: (a) at the site of installation works on the structure of Fckele Co., Ltd., the Defendant: (b) at around 08:55, the victim G (58 years of age) who is an employee, should prepare a work plan stating preventive measures, such as the rapid landing, etc., according to the pertinent work, and have the work commander designated, and take necessary measures to prevent accidents; (c) but, if the Defendant neglected to take such measures due to negligence in the course of business, the victim neglected to operate the mixed-person accusation without the direction of the work plan or the work commander; and (d) operated the h beam beam for the installation of a sn beam, which is an excessive sn beam for the sn beam, and caused death between the safety distress and the safety pressure of the victim’s h beam beam.

As a result, the Defendant is in charge of safety control.

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