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(영문) 의정부지방법원 2015.07.07 2015고단686
업무상과실치사등
Text

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

[Status and Business Responsibility of the Defendant] The Defendant is an employer who employs 8 full-time workers under the trade name of Scheon City B, and operates a free product manufacturing business, and is responsible for the safety and health of his employees.

【Criminal Facts】

1. A business owner who violates the Occupational Safety and Health Act and dies by occupational negligence following the death of workers in the course of work shall not allow workers to board at a location other than the seat of passengers when engaged in work by using loading, unloading, transportation, and machinery for vehicles, and shall take necessary measures to prevent the fall, etc. in cases of unavoidable boarding, and shall require workers engaged in the work in danger of falling to wear safety caps by providing safety caps, and shall require workers engaged in the work in a place not less than two meters high to wear safety belts, and where workers are likely to fall or fall at a place where workers might fall or fall, or where workers are likely to suffer danger when engaged in work in a machine, equipment, vessel block, etc., a work sign shall be installed;

Nevertheless, on September 16, 2014, when the Defendant carried out maintenance and repair works of the roof of the factory on the string line connected to the apartment 2m high, the Defendant was negligent in failing to provide the above-mentioned protective devices, safety caps, and other protective devices such as the fall prevention measures and safety caps, which caused the death of the brain in the government mother hospital on the 22th day of the same month by falling the center during work at around 07:30 on the same day.

2. A business owner violating the Occupational Safety and Health Act due to the failure to take safety measures shall install a safety signal to prevent falling on the open side of stairs the height of which is not less than 1m under Article 23 (1) of the Occupational Safety and Health Act, and workers, such as motors, electric percussion locks, fishing gearers, swimming chairs, bells, and chains, are likely to face danger during work.

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