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(영문) 창원지방법원 2020.12.09 2020고단3200
업무상과실치사등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 5,000,000 won.

However, Defendant A.

Reasons

Punishment of the crime

1. The criminal suspect A is the representative director of the corporation B in Kimhae-si, who is the business owner, and is engaged in safety and health management duties for the corporation B. A.

On June 22, 2020, the Defendant ordered the victim D (the age of 27) who is a worker belonging to B in the workplace of the company B to perform the b7 years of age by using a hydrotensionr, around June 22, 2020.

In such cases, a person engaged in safety and health management for a business owner shall take measures necessary for the prevention of industrial accidents caused by any danger caused by machinery, apparatus, or other equipment, and when the workers are likely to pose a risk due to the emission of compressed gases or liquids, etc. inside the machinery, etc., he/she has the duty of care to prevent accidents by taking measures necessary for the prevention of danger, such as taking measures necessary for the prevention of danger, such as releasing compressed gases or liquid beforehand.

Nevertheless, the Defendant neglected this and did not educate in advance the victim of the method of lowering the pressure of the hydrotension by using the aof valve, and caused the victim to do work using the aofmer, thereby lowering the internal pressure of the finus by negligence, the Defendant released the victim's chest because of the internal pressure of the finus while dismantling the pinus by using the mofr, in order to lower the internal pressure of the finus.

Ultimately, the Defendant caused the death of the victim due to occupational negligence, which did not take necessary measures to prevent risks as above, due to the death of the victim at around 11:50 on the left-hand heart and the death of the victim.

(b) A business owner who has violated the Occupational Safety and Health Act due to a failure to take safety measures shall be necessary to prevent an industrial accident caused by any danger caused by machinery, apparatus, or other equipment.

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