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Reasons
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(영문) 인천지방법원 2020.04.10 2019고단7226
산업안전보건법위반등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is an individual business owner who performed tree landscaping work that was planted in the vicinity of the Yeonsu-gu Incheon building B and performed with a contract for KRW 1.65 million from the residents of the above building B, and the victim C (Nam and 72 years old) is a worker of the defendant who performed the above landscaping work.

At around 08:00 on June 1, 2019, the Defendant instructed the victim to perform off-the-counter work, such as dump dump dump dump dump dump dump dump dump.

In such a case, the defendant has the duty of care and safety measures to ensure that the defendant can wear a safety cap and a safety belt, etc. with sufficient strength as the defendant was engaged in the off-site operation in the work market where the victim is likely to fall.

Nevertheless, the Defendant neglected the above duty and had the victim do the batteries work at the above accusation work unit with a risk of falling, and had the victim do the batteries work at around 12:05 on June 1, 2019, the Defendant lost a balance among the attempts to perform the batteries work at around 2:05 on June 1, 2019, falling into the floor, and fell into the floor on June 6, 2019, and caused the death of the E hospital located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. On-site file reports;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 1 of the Addenda to the relevant Act on the Safety and Health Act (Act No. 16272, Jan. 15, 2019); Articles 66-2 and 23 (3) of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019); and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act, and Articles 40 and 50 of the Occupational Safety and Health Act, and punishment for a violation of the same Act with heavy punishment.

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