업무상과실치사등
Defendant
A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 5,000,000, respectively.
Defendant
A above.
Punishment of the crime
Defendant
B(State) is the business owner who operates a container or a marina manufacturing business located in E in Gyeonggi-si, and the defendant A is the representative director of the above company, who exercises overall control over the safety and health of his employees.
1. Defendant A
A. The Defendant, as the representative director of the above company, is in charge of the duty of occupational safety and health management for the prevention of industrial accidents by the employees under his/her control, and shall take measures necessary to prevent hazards caused by machinery, apparatus, and other equipment, and in case where the employees under his/her control are likely to inflict harm by in contact with the operating part of the equipment, such as mincating machine, he/she shall install a cover or sound and prevent accidents in advance. In the event that the employees are engaged in coloring operations, the employees shall conduct safety education for the use of mincing machines in advance and prepare a broad working space for the prevention of accidents in order to prevent accidents in the operation of mincing machines, and have the duty of care to prevent the death or injury of people between the coloring machine and the wall in advance.
Nevertheless, the defendant neglected the above duty of care and did not provide the worker with a protection protection in the vicinity of the color season used in the mixed work process installed in the above workplace, and did not provide the worker with sufficient space between the color season and the wall surface. Accordingly, around September 19, 2015, the victim F, who was working in the above workplace, was faced with a light level at the top of the above mixed machine which was cut down by a light level at around September 16:23, 2015, and the victim F, was faced with a light level at the top of the above mixed machine at around September 16:28, 2015.