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(영문) 창원지방법원 2014.11.07 2014고단605
산업안전보건법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 605] The Defendant has been employed by five workers, including victims E from June 15, 2013 as the business owner of the replacement project for the roof board of building D located in the window of Changwon-si.

1. Violation of the Occupational Safety and Health Act and the defendant injured by occupational negligence shall take measures necessary for the prevention of danger, such as providing safety caps to workers, etc., in a place where workers might fall down at work, while workers have a duty of care to prevent accidents in advance, in cases where it is difficult for them to install a work launch board or to install a work launch board in a height of not less than 2 meters, by means of assembling a dog, etc., and where the workers are engaged in work at a height of not less than 2 meters, there was a duty of care to prevent accidents in preparation for the falling risk of workers, such as laying off a safe steering net or wearing a safety belt to the victims, and in cases where the work on the roof covering with weak materials, such as asbestos slate, lines, etc., is likely to inflict danger on the victims, such as falling off, etc.

Nevertheless, around June 15, 2013, the Defendant: (a) did not require the victim E (the 55-year-old) who is an employee to remove and replace the worn-out roof at a height of about 6 meters at the above site; (b) did not require the safety cap or safety belt to be worn; and (c) did not install a work launch plate or safety watch on the roof, etc. on the roof by negligence, which caused the victim to fall down with the floor by taking a roof (line) that was worn out while performing the removal work of the roof, etc.

As a result, the Defendant did not implement the above occupational negligence and prevention of danger, thereby resulting in injury to the victim, such as cerebral cerebral cerebral dynasty which requires about 10 weeks medical treatment.

2. Violation of the Labor Standards Act.

(a) If a worker suffers from an occupational injury or disease, the employer shall provide him with necessary medical treatment at his expense or necessary expenses;

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