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(영문) 청주지방법원 2016.06.22 2016고단620
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative of the “C” in the Chungcheongnam-gun of Chungcheongbuk-gun, and is the business owner who performs the warehouse roof repair work under the contract from the “agricultural partnership corporation in the Donsan-gun of Chungcheongbuk-gun,” and the victim E and F are the workers employed by the Defendant as a daily worker and performed the above repair work.

On December 1, 2015, the Defendant, as a business owner at the above construction site around 09:40, had a duty under the industrial safety and health law and occupational duty to take measures necessary to prevent risks caused by machinery, apparatus, and other equipment and to safely perform such duties at a place at the risk of falling. However, the Defendant did not take sufficient safety measures in advance, such as having a worker who worked on the roof at a height of 6 meters at the above construction site wear a safety cap to the victim E, or installing a work board or a safety protection net at that place, and caused the victim E to die on the floor from the roof of 6 meters high to the bottom of the 10:17th day during treatment.

As a result, the Defendant violated the duty to prevent danger, and at the same time caused the death of the victim E by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G, H, I, and F;

1. Statement protocol, business registration certificate, and standard contract for construction work;

1. A report on the results of inspection of changed or deceased persons;

1. A written opinion on disaster investigation;

1. Physical list at the scene of a disaster;

1. A death certificate;

1. Application of Acts and subordinate statutes to explain photographs, such as a history site;

1. Article 66-2, Article 23 (1) and (3) of the relevant Act on the Safety and Health of Industries (the occupation of death of an employee due to a violation of a duty to prevent danger) concerning facts constituting an offense, and Article 268 of the Criminal Act (the occupation of an employee on duty and on duty);

1.Article 40 of the Criminal Code of Trade and Trade.

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