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(영문) 청주지방법원 충주지원 2019.10.18 2019고단450
산업안전보건법위반
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established mainly for the purpose of housing construction registration business in the 11th floor in Seongbuk-gu Seoul Metropolitan City, Sung-si, Chungcheongnam-si, and is the client and contractor of the "E Creation Corporation" in Da and the defendant A is the representative director of the above company and the actual safety and health management manager of the above company, and is a person obligated to take overall control over and take safety measures under the Occupational Safety and Health Act with the authority delegated by the defendant B, who is the business owner.

1. Defendant A

(a) Where a business owner who has violated the Occupational Safety and Health Act due to a death accident engages in the work of using construction machinery on the rolling stock, he/she shall first conduct a prior investigation into the relevant work and the topography, ground level, and ground level, etc. of the relevant place of work in order to prevent any danger to workers, and record and keep the results thereof, and prepare a work plan in consideration of the results of such investigation, and shall conduct

Nevertheless, at around 08:50 on January 26, 2019, the Defendant did not perform all necessary measures, such as prior investigation on the condition of the ground floor, etc. at the work site at the above construction site, preparation of work plans, etc., and had H, an engineer of the excavation field, connect H with the excavation cutting unit using a concrete manle (weight 2.4 tons) located on the surface of the excavated area by using a slot bell, and had H move the above Manle to the excavated floor.

As a result of the Defendant’s above breach of safety measures, the above Manle, which H was being transported using a softener, was deprived of centering on the ground upper part of the excavation method, and was cut off by the ground surface, and was demoted to the head of the victim I (Nam, 57 years old) who was employed under the excavation, and caused the victim’s death in the job.

(b) Violation of the duty to take various safety measures under the Occupational Safety and Health Act.

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