A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a personal business owner who employs 17 full-time workers in the name of “B” and runs the automobile repair business, and is a person in charge of overall control and management of matters concerning safety and health of his/her employees.

1. On April 2, 2019, at around 09:31, the Defendant involved in workers C death and workers D injury industrial accidents, the Defendant had the victim C (the age of 56) working as a rolling stock repairman, and the victim D (the age of 53) perform the work of replacing the dump truck heading 2.5 tons of F Hyundai Mart 2.5 tons.

Since the dump truck is a vehicle-based construction machinery, (i) when booming boom, cancer, etc., and repairing and checking it under the bottom of the booming construction machinery, the business owner should have workers engaged in the relevant work use a safety ground area or safety block, etc. in order to prevent the risk caused by a sudden boom, cancer, etc., and (ii) designate a person who directs the work to set the order of work, direct the work, and check the use of a safety ground area, safety block, safety block, etc., and there was a duty of care to take safety measures and to prevent disaster by preparing a work plan for 3 heavy objects handling work and performing work in accordance with the plan.

Nevertheless, the Defendant uses a safety zone or safety block, and designated a work commander to check whether the safety support unit is used, and did not perform the duty to take safety measures to prepare a work plan dealing with heavy objects and to have the victims perform work in accordance with the plan. In such a situation, the support cost for fixing dump trucks loaded on the ground of the above for the replacement of a dump truck is self-concept and covers the victims.