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(영문) 광주지방법원 해남지원 2020.06.11 2019고단373
산업안전보건법위반
Text

Defendant

A Imprisonment for 10 months, and Defendant B’s agricultural partnership shall be punished by a fine of 5 million won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

B The purpose of the farming association corporation is to carry out crop cultivation in Jeonnam-Gun C, and the defendant A was the actual manager of the farming association corporation and the safety and health management manager in charge of the business of safety and health of workers working in the above place of business. On December 18, 2018, the above place of business used D and victim E (year 57) to perform water pipe work.

1. On December 18, 2018, Defendant A, at the foregoing place of business, instructed the victim to conduct the work of cutting water pipes up on the floor and cutting down the ground and cutting down water pipes.

When a business owner engages in the work of using vehicles' construction machinery, he/she shall conduct a prior investigation into the relevant work, topography, ground and floor conditions, etc. in the relevant place of work, record and keep the results thereof in order to prevent any danger to workers, and shall prepare a work plan in consideration of the results of the investigation and have them conduct the work in accordance with the plan, and shall not place a guide at a place in contact with a vehicle's construction machinery in operation and at a place in danger of workers to face, and shall not have workers enter the relevant vehicle system except in cases of inducing

Nevertheless, the defendant does not conduct a prior investigation to prevent the danger of workers and prepare a construction machinery work plan on the rolling stock and does not place a leading person despite the risk that workers may face, and the defendant has caused D to operate the scambling machine by having D operate the scambling machine.

From December 18, 2018, the victim was killed in the H hospital located in G on December 18, 2018, around 18:55, by shocking the victim's clothes and sacrines with cancer saves and sacrines, resulting in the death of the victim and some sacrines, etc. of the above.

2. The Defendant B committed a violation as described in paragraph (1) by a person who is a person in charge of safety and health management.

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