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(영문) 대전지방법원 서산지원 2017.10.19 2016고단632
업무상과실치사등
Text

[Defendant A]

1. The punishment of the accused shall be one year;

2.Provided, That this ruling shall not be later than two years from the date on which it became final and conclusive.

Reasons

Punishment of the crime

Defendant

Agricultural corporation B is a corporation that carries on the business of manufacturing eggs in Seosan City D, and the defendant A is the representative director of the corporation B who is responsible for the safety and health management.

1. Defendant A

A. On May 6, 2016, the Defendant violated the Industrial Safety and Health Act: (a) ordered the victim E (V) of a person who works in the agricultural company B factory located in Seosan-si, Seosan-si; (b) around 16:45, around May 6, 2016, to clean the inside of the factory where the work is completed.

Since the tamper machine in charge of cleaning by the injured party is a machine operated by the method of turning the original part of the tamper's materials, there is a concern that if the tamper's cleaning machine is operated, an accident may occur in the original part of the tamper's cleaning machine by leaving the machine, and then, the defendant, who is the person in charge of safety and health management, has a duty of care to install an emergency position etc. to immediately stop the operation of the machine, and install a rail so that the worker does not go beyond or enter the tamper's equipment.

Nevertheless, the Defendant: (a) caused the death of the victim due to damage to chest pressure in the above plant around 17:37 of the same day by cleaning the lock machinery operated by the victim due to negligence that did not implement the above safety measures; and (b) caused the victim to wear the lacker’s chest part between the screen and the hacker.

(b) A business owner who violates the Industrial Safety and Health Act (1) shall take measures necessary to prevent any danger caused by machinery, apparatus or other equipment;

The defendant is open from the aspect of stairs the height of which is not less than one meter.

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