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(영문) 대구지방법원 김천지원 2014.08.21 2014고단571 (1)
업무상과실치사
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a representative running D in Kimcheon-si C, is a person responsible for safety and health management on the overall matters of industrial safety and health, including formulation and implementation of a plan to prevent industrial accidents of workers under his/her control while performing the aforementioned work from February 5, 2013 to March 15, 2013, using four regular workers at the site of the bend trees located in E and F with permission from Kimcheon-si, Kimcheon-si.

At around 08:00 on February 6, 2014, the Defendant used G and victim H (the age of 66) who are employed by the Defendant at the site of a set of timber in Kimcheon-si, Kimcheon-si, and F.

However, there is a risk of accidents, such as where the number of workers exceeds the number of trees and where there is a danger of accidents, the business owner and the defendant, who is the person in charge of safety and health management of the above work, shall provide safety equipment, such as safety caps, to the workers of the felling, and shall maintain safety distance so as not to have access to the area where the felling is used. When performing management duties, such as setting the shelter route and the place of evacuation, the workers in the dangerous area shall be in advance waiting at the shelter through the shelter, and safety education was performed by providing safety education to the workers engaged in the felling, such as informing the workers of a certain signal method, such as the heading, wale, etc., so that the workers in the felling area may have a duty of care to prevent accidents, such as a variety of trees, etc., in advance.

Nevertheless, the defendant neglected this and did not leave the scene of the same day and did not provide safety equipment, such as safety appearance, to workers, and had them work without wearing safety appearance, and he shall be punished.

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