Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the operator of C in Busan Gangseo-gu.

The Defendant, as an operator of the above business, had a duty of care to prevent accidents, such as physical injury to workers in the above machine, etc., by checking whether the above machine was malfunctioned or replaced, or by training employees on safe working methods, etc., when his employees work using the press machine installed in the above business.

Nevertheless, the Defendant received several reports from employees, such as the victim D(51) who operated the said machinery, and thus, it could sufficiently anticipate that the physical condition of the employees caused by the malfunction of the machinery could occur due to the malfunction of the machinery, but neglected the duty of care to repair or replace the said machinery or to provide safety education to the employees to prevent the occurrence of the said accident, and caused the employees to continue to do so without any particular safety measures. On March 4, 2016, the Defendant was caused by the occupational negligence that caused the employees to continue to do so without any particular safety measures, and on March 13:20, 2016, the damages caused by the said victims who carried on the press system by using the press system.

As a result, the Defendant caused the above victim by negligence in the course of business to suffer injury, such as cutting down the 1 balance of the upper right part which requires treatment for about five weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D, E, and F in the fourth trial record;

1. Each police statement made to D or F;

1. A medical certificate;

1. A manual for using presses;

1. Each investigation report (whether a visit to the workplace is made on the spot, or a press box is made);

1. Application of each statute on photographs;

1. Article 268 of the Criminal Act and Article 268 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.