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(영문) 대구지방법원 김천지원 2018.03.27 2017고단1738
산업안전보건법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a business owner who engages in the manufacturing business under the trade name called “E” in the Gu-U.S. Si, and is a person who exercises overall control over and manages all matters concerning safety and health of his/her employees, and the Victim Network F (61) is a worker who works for the said company.

1. The defendant in violation of the Industrial Safety and Health Act, who has died of a person who works in the workplace in question due to a failure to take safety measures, shall be the business owner of the said workplace in charge of the management of matters concerning safety and health of workers, and in such cases, the business owner shall have him/her wear a slope, etc. in the place where he/she falls or is in danger of fall, and have an employee who works in the place where he/she is at risk of fall, etc., wear a safety cap and a safety belt, and take measures necessary to prevent danger, such as having an employee designate a person who is in charge

Nevertheless, at around 10:00 on June 8, 2016, the Defendant: (a) ordered the above victim to take an operation to walk on a metric ray, with a height of at least two meters from the ground level; (b) failed to install a work plate such as a rain gauge; and (c) failed to take necessary measures to prevent danger as a business owner, such as failing to designate a conductor, and thereby making the victim fall above the ground level during the work, thereby causing the victim’s death from cerebrovassis around 01:00 on June 10, 2016.

2. From around September 29, 2016, the Defendant violated the Industrial Safety and Health Act due to the failure to take safety measures, the Defendant is required to install a rail at the level of open stairs with a height of at least 1m connected to the underground workplace, but covers the entire conference of the belt machinery and the part other than the saw part.

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