A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a management director of D who manufactures motor vehicle fuel tubes in Gangseo-gu Busan Metropolitan City, and is a safety and health management manager who manages overall matters concerning safety and health of employees under his/her control at the site.

On September 16, 2015, at the entrance of the above D shop, the Defendant used the victim E (59 years old) as a person working at the workplace at the above D shop, to load a vehicle loaded on a truck with a type of mobile cargo carrying 355 km in order to supply it to Ulsan Hyundai Motor.

In such a case, the Defendant, who is the person in charge of safety and health management of the above work, has a duty of care to set up a work plan containing preventive measures and to direct the work in accordance with the plan, because the risk of fall, fall, electric shock, narrow shock, collapse, etc. is likely to occur during the mobile loading work on a mobile-type basis. In the event that the weight of unit cargo exceeds 100 km, the Defendant had a duty of care to set the work order and the method of work in the order of loading cargo and to direct the work.

Nevertheless, at around 19:45 on the same day, the Defendant neglected to load a truck by using a vehicle in which the victim loaded the mobile loaded with a vehicle in the shape of 35 km or more, but was in the position of the mobile loaded with the vehicle, but did not install a fixed device that does not go beyond the cargo, etc., and did not prepare a work plan containing preventive measures such as fall, falling, fall, electric power failure, shock, collapse, etc., or set the work order and the work method different from the order of the work to load the cargo by placing the conductor, and did not direct the work. In the process of the trucking the quith of the mobile loaded loaded with the vehicle in the shape of 355 km or more, the victim was the head of the victim by covering the victim while leaving the center and going beyond the victim.