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TITLE Changwon District Court Masan Branch 2022GoHap95 Decided April 26, 2023: Appeal ¡¼Violation of the Occupational Safety and Health Act, Death by Occupational Negligence, and Violation of the Serious Accidents Punishment Act (death by serious industrial accident)¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ In the case where: Defendant B, as the President of Defendant A Corporation, is the executive chief and general manager of safety and health, and was indicted for violating the Occupational Safety and Health Act and the Serious Accidents Punishment Act (death by industrial accident) on the grounds that Defendant B failed to take safety and health measures necessary to prevent industrial accidents and health disorders, thereby causing the death of employee D, who is affiliated with Corporation C, a related contractor that entered into a contract with Defendant A, while D was working on the repair work of the steel heat sink plane at Defendant A company¡¯s outdoor workspace, a work of handling heavy materials, when the crane fiber belt was cut off and the heat sink plane fell, and at the same time, failed to take measures to establish and implement the safety and health management system necessary for the prevention of disasters, thereby causing the fatal industrial accident of employee D¡¯s death.
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