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(영문) 대전지방법원 홍성지원 2015.07.01 2015고단309
산업안전보건법위반등
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

The Defendant is a D representative in Chungcheongnam-nam Budget Group C, and is a business owner who has obtained permission to fell standing trees on nine parcels from the budget group from March 1, 2014 to December 31, 2014, and is responsible for matters concerning safety management for his/her employees.

When a business owner engages in the collection, transportation, etc. of lumber, timber, etc., he/she shall prohibit workers who are not the workers concerned from entering a place where there is a risk of cutting down the timber in the direction below, etc. in such a place where the timber, etc. is likely to cause danger, such as cutting off the timber in the direction below, and shall set the shelter route and place for evacuation in advance, and in the case of sprinkling, he/she shall determine a certain signal method and inform workers engaged in the work, and in the case of handling heavy objects on the slope, he/she shall regulate the outline or movement of heavy objects by using tea, etc., and restrict the workers' entry below the slope that is the direction of

Nevertheless, at around 08:25 on November 27, 2014, the Defendant: (a) at the above Epp timber site, and (b) at the victim F (the age of 48) using mechanical saws, the Defendant did not take safety measures necessary to prevent danger, such as: (c) the victim F (the age of 48)’s sloped about 49 degrees; and (d) there was a risk that timber, etc. cut down in the following direction: (a) there was a risk that the timber, etc. was cut down in the lower direction; (b) the Defendant did not set up a work operator’s shelter and place of evacuation; and (d) there was no shock machine, etc. to regulate the movement or movement of the harvested trees; and (b)

Ultimately, the Defendant, by such occupational negligence, caused the victim to cut off approximately 15 meters from the lower part of the tree ( approximately 33 cm in diameter, approximately 8 cm in length) where he had the victim perform the work of removing the remaining land. On the same day, at H Hospital located in Chungcheongnam-gun G in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, the Defendant’s death caused by the pressure trajection of the right edge while treating at H Hospital located in G. 09:55.

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