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(영문) 청주지방법원 충주지원 2018.12.21 2018고단420
산업안전보건법위반등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed 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 in charge of safety management who exercises overall control over the safety and health of his employees, as the production department of the F and B voice factory, a company that produces electricity, etc. in Chungcheong-gun E.

1. Defendant A

A. On January 23, 201, the Defendant violated the Industrial Safety and Health Act, on the part of the above work site: (a) around 10:01, on the part of the Defendant, instructed workers G and victims H (46 years old) to remove his/her sand position plate for internal separation of the factory in his/her main place of production; (b) upon the Defendant’s instruction, the said workers kid on the part of his/her forepeck and drive the said forepeck; (c) the said workers kid on the part of his/her forepeck; and (d) the victim kid on the part of each part of his/her forepeck.

Forking, it should be used mainly for loading, unloading, etc. of cargo, and as a result, in the event of being used for work on the forking side of the forking side, it is likely that the worker might fall, so there was a duty of care to prevent the person from using it for file a complaint, or to have the worker wear safety protective outfits, such as safety belts and safety caps.

Nevertheless, the Defendant neglected to use the vehicle without wearing safety protective outfits for accusation work, and caused the above victim to fall on the floor of 2.8 meters in the course of cutting off the vehicle on the part of the neck.

Ultimately, the Defendant violated the duty to take measures necessary to prevent the falling risk while working, and, at the same time, caused the victim to die by negligence by failing to comply with the said duty. At around January 31, 2018, at around 06:57, the Defendant caused the death of the victim due to an external depression.

B. Violation of the duty to take various safety measures under the Industrial Safety and Health Act (1) an employer or a person in charge of safety management in violation of Article 13 of the Rules on Industrial Safety and Health shall fall.

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