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(영문) 의정부지방법원 2019.05.14 2019고단42
업무상과실치상등
Text

Defendant

A shall be punished by imprisonment for five months, by a fine of 4,00,000 won for Defendant B.

However, Defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. has its head office in Macheon-si and is a business owner engaged in the bamboo manufacturing industry using 185 full-time workers, and the defendant A is a safety and health manager responsible for safety and health management for employees belonging to B as a director of the company.

1. Defendant A

(a) Violation of the Occupational Safety and Health Act due to an injury accident, occupational injury, business owner has the duty of care to strengthen the structure with sufficient strength to take protective measures, such as safety railings, fences, vertical fall-off nets or covers, at places where workers might fall down as the end or opening part of the work launch and passage;

Nevertheless, at around 02:56 on June 16, 2018, the Defendant: (a) had the victim D (58 years of age) and E (41 years of age) belonging to the said company perform genetic work of inserting drugs, etc. in a ludrum; (b) did not install a safe margin at the end of the work board; and (c) the victims fell up to the first floor by the opening between the 6 ludrum and the second floor work board during the work.

Accordingly, the Defendant did not take all measures to prevent the risk when the Defendant had a worker work in a place at a risk of falling, and at the same time, caused the victim D by negligence in the course of business as seen above to injure the victim D’s pressure frame, etc. requiring approximately ten weeks medical treatment, and caused the victim E’s injury to the victim E, such as an external shocking scambling, which requires approximately ten weeks medical treatment.

(b) A business owner who has violated the Occupational Safety and Health Act shall take safety measures, such as putting in order products, materials, absence, etc. so as not to go beyond them;

그럼에도 불구하고 피고인은 2018. 7. 31.경부터 2018. 8. 1.경까지 위 회사 공장에서 이동대차를 사용하면서 바퀴쐐기 설치 등 전도를 방지하기 위한 안전조치를 하지...

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