업무상과실치사등
A defendant shall be punished by imprisonment for up to eight months and a fine of up to 500,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
On June 22, 2007, the Defendant is a business owner operating automobile part maintenance business in the trade name of “C” with three regular workers at the Gyeonggi-si, Gyeonggi-si, and Gyeonggi-si, and is a safety and health manager for the prevention of industrial accidents by workers.
1. Around 14:00 on July 30, 2019, the Defendant: (a) had the victim D (year 61) who is an employee of the said C workplace, perform the work of replacing the actual fluor inside the 2.5 tons of the e2.5 tons of the e2.5 tons of the e2.5 tons of the e2.5 tons of the e2.5 tons of the e2.5 tons of the fluor; (b)
In case of loading, unloading, transporting, repairing machinery, etc. or installing and dismantling accessory equipment, the business owner shall designate a conductor for the relevant work to order him/her to determine the order of work and instruct him/her to do so. When workers are engaged in the work to cut air on the lower part of the vehicle, he/she shall not walk the vehicle or manipulate the weather, and even if he/she operates weather, he/she has a duty of care to check in advance whether there are dangerous factors, such as workmen, around the vehicle or lower part of the vehicle.
Nevertheless, the Defendant neglected this and did not have the commander of the work to determine and direct the work order at the time of repair work, such as the checkup of the operational condition of the language, etc. after taking care of the inside, and did not check whether there is a work worker on the lower part of the vehicle, and the Defendant served the victim's head head who is working on the lower part of the driver's seat with the front part of the driver's seat, without checking whether there is a work worker on the lower part of the vehicle.
As a result, the Defendant violated the business owner's duty to take safety measures, and at the same time caused the death of the victim due to the negligence of business.
2. Violation of the Occupational Safety and Health Act in relation to failing to perform prevention of danger;
(a) The business owner shall have sufficient strength to take protective measures, such as covers, at a place where workers might fall down on the opening of the opening.