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(영문) 대구지방법원 김천지원 2018.02.20 2017고정430
산업안전보건법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the head of C, a state agency affiliated with the Korea Forest Service, who employs approximately fifty full-time workers and conducts forestry administration in B, who is a person in charge of general management of all matters concerning safety and health of his/her employees, and who performs acts for C, a business owner.

If the commencement of operation of machinery is likely to cause danger to workers, the relevant business owner shall verify in advance necessary matters, such as placement, education, working methods, protective devices, etc. of workers, and shall take necessary measures to prevent danger.

Nevertheless, around 11:40 on March 21, 2017, the Defendant: (a) while allowing workers E to drive a timber scrap machine in the forest D forest of Kimcheon-si; (b) while moving heavy timber scrap scrap machine to the work site using a slope, there is a risk that the workers might be at risk of being able to wear a timber scrap duplicated; (c) the Defendant did not check in advance necessary matters, such as the working method to safely move the scrap scrap machine to the work site; (d) the method of managing the keys of timber scrap; and (e) the duties and placement of work workers; and (e) did not take necessary measures to prevent danger; (e) caused workers E’ death due to a difficult pulmonary pulmonary disease caused by the end-of-life part at G hospital located in F around 0:30 on March 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, and J;

1. A death certificate;

1. As a result of a serious accident investigation, Defendant, who is not a field officer, took preventive measures against risks during the instant work process, inasmuch as he/she conducted necessary safety education, etc. on the instant work, placed work workers according to the judgment of a public official in charge at the work site, and set the work method.

However, the evidence duly adopted and examined by this court.

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