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(영문) 대구지방법원 경주지원 2018.08.29 2018고정114
산업안전보건법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of the “C farm” in the racing-si, is a business owner who comprehensively manages and supervises all matters concerning the safety and health of his/her employees.

Where any work is conducted using the loading and unloading transportation machinery, a prior investigation shall be conducted on the relevant work, topography, ground, and ground level in the place of work, etc., record and keep the results thereof, in consideration of the results of the investigation, a work plan shall be prepared in accordance with the relevant plan, and a worker shall not be on board in a location other than the seat of the relevant machinery, and where it is apprehended that any danger to workers may occur due to the removal of the machinery or the sinking of the machinery, a person who guides the machinery shall be placed and measures shall be taken to prevent the collapse of the ground subsidence and the sideway.

Nevertheless, on November 29, 2017, the Defendant did not prepare a work plan in consideration of the results of the investigation into the above workplace, etc., but did not place a person leading the above manual, or take measures to prevent the collapse of the ground subsidence and the side, and neglected the above worker to arbitrarily install a seat in the above manual by using each item, etc., and eventually, the worker felled with the above manual of the foul waste dry field in the above farm at around 16:39, and then cut down with the above manual.

As a result, the Defendant did not take necessary measures to prevent hazards caused by bad working methods, etc. in carrying out transportation, loading, unloading, etc. as an employer, resulting in the death of a worker.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1.Report on findings of a survey of a changeer, report on the results of field identification, on-site images, and on-site images;

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