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(영문) 창원지방법원 2015.06.11 2015고단706
산업안전보건법위반등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

1. Defendant A is the representative of Company B, a corporation established for the purpose of construction business, etc., and is the person in charge of safety and health management at the location of D additional construction works in Kimhae-si, Kimhae-si, which the company performs.

On November 28, 2014, the Defendant violated the Occupational Safety and Health Act and caused the death by occupational negligence on the part of the victim E (the victim E (the age of 56) who is the workers belonging to the company B) at the above construction site and caused the victim E (the age of 56) to wear a joint board (the age of 71, approximately 890km), which is a heavy object, using a tent, by using a tent.

In this case, in order to prevent the danger of workers by heavy material, the defendant prepared a work plan to prevent the danger of crash, falling, electric shock, narrow shock, collapse, etc. according to the plan, and there was a duty to perform safety and health measures necessary to prevent the danger of workers under his/her control, such as setting up an entrance prohibition zone, and a duty to perform the same duty of care.

Nevertheless, the Defendant neglected the above duty of care and did not prepare a work plan for handling heavy objects, and did not take measures to restrict the access of workers by establishing a zone subject to prohibition of access, and caused the victim to engage in the work of raising the said joints from the first floor to the second floor by using the tent, which is a heavy object, by using the tent, thereby facing the victim from the said joints falling off from the tent.

Ultimately, at around November 28, 2014, around 14:13, the Defendant caused the victim’s death by occupational negligence by shock shocks, etc. from G Hospital located in Kimhae-si F, and at the same time, caused the victim’s death by failing to take necessary measures for the prevention of industrial accidents.

B. The Defendant violated the Occupational Safety and Health Act due to non-performance of safety measures.

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