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(영문) 광주지방법원 해남지원 2018.12.06 2018고단372
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a personal business operator who engages in the business of installing plastic greenhouse by using four full-time workers, and is a safety and health manager who exercises overall control over and manages the safety and health affairs at the site of installing plastic greenhouse in Jindo-gun B located in Jindo-gun.

As a person in charge of safety and health management at the site of the installation of the said vinyl, the Defendant has a duty of care to prevent the crash of workers by taking necessary measures to prevent the crash of workers, such as having workers wear a safety cap at a place where the said vinyl is likely to fall or fall, and installing a work tag by assembling the sculs, etc., or, in cases where it is difficult to install a safety net, having workers wear a safety net, if it is difficult to install a safety net.

On May 14, 2018, the Defendant: (a) employed victims C (41) and victims D (45 years old) to install a plastic shop work stand in a height of about 4 meters from the ground at which the risk of fall is likely to fall; (b) neglected to take a shock measure such as installing a work board or installing a safety substitute to ensure that the victims wear a safety stand; and (c) neglected to take a shock measure such as having the victims wear a safety stand at the front horizontal part of the plastic house, the Defendant fell on the ground below the height of about 4 meters in the front horizontal part of the plastic house.

Ultimately, the Defendant at the F Hospital located in Sinpo-si E around May 23, 2018 due to the foregoing occupational negligence, resulting in the death of the victim C due to low oxygen cerebral cerebral cerebral typhism and cerebral typhism, suffered injury to the victim D at the same time due to approximately 10 weeks of treatment, and did not take necessary measures to prevent the fall risk of workers working at the same time.

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