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(영문) 춘천지방법원 2018.01.18 2017고단894
산업안전보건법위반등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is a person charged with conducting accommodation business with the trade name of “E hotel” (hereinafter “E hotel”) using ten full-time workers in Gangwon-gu, Yangyang-gu, Suwon-gun D, and is a person in charge of the safety and health affairs of his employees.

A. On May 9, 2017, around 16:10 on May 16, 2017, the Defendant: (a) instructed the Victim F (F) to remove the hotel roof from the hotel in this case; and (b) the victim was placed on the roof covered by the panel at a height of 4.7 meters.

In such cases, the defendant, a business owner, shall have the victim wear safety belts and safety caps on the roof, which is a place at risk of falling, and shall prepare a work plan containing methods, order, safety measures, etc., and have him/her perform work in accordance with such plan. Since the risk of causing danger, such as falling on the roof covered by a weak panel with strength, is likely to occur, the defendant has a duty of care to take necessary measures to prevent danger, such as installation of a light board at least 30 centimeters in width, or restriction of safety devices, etc.

Nevertheless, the Defendant neglected this and ordered the victim to remove the roof of a hotel outside the hotel, and the victim died of severe cerebral damage accompanied by two ducts around 17:08 on the same day while breaking up the board, plucking up to the lower end of the board, falling into the bottom, and receiving treatment at the Han River University, while working for dismantling the board at a height of 4.7 meters from the ground.

As a result, the Defendant did not take necessary measures to prevent the risk at a place where a worker might fall during work, thereby causing the death of the victim in the above occupational course and the death of the victim.

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