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Defendant
A Imprisonment of six months, Defendant B shall be punished by a fine of seven thousand won,00,000 won, respectively.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A, as a representative director and a person in charge of safety and health management of “B” corporation in Chungcheongnam-si, Chungcheongnam-si, the Defendant was obligated to stop the operation of the relevant machine and prevent accidents by installing a wheel slick chain, etc. for the machinery parts of which employees are likely to face danger, such as the engine wheeler chain, etc., to prevent in advance any danger and injury caused by the machinery. Furthermore, when the employees belonging to A start the operation of the machine, the Defendant was obliged to prepare safety work procedures including the order of work, the number of participants, necessary equipment and tools, protective devices, signal methods, safety rules, curriculum, etc., and to stop the operation of the machinery and to prevent the occurrence of danger to workers due to the maintenance or replacement of the machinery, etc. or other similar work.
Nevertheless, at around 16:50 on November 19, 2016, the Defendant did not install a safety cover to prevent workers from leaving their body in the mixed body checkup room installed in the above B B, and when operating the mixture, the Defendant did not prepare a safety work manual to prevent the workers from leaving their body, and caused the victim D, who was dispatched by the above B, operating the machine without preparing a safety work manual to prevent the workers from leaving the mixture, thereby having the victim D, who had been on dispatch at the above B, operate the machine while performing the work of replacing the intra-mar in the mixed body, and caused the victim's death by causing the victim to d's whole body at the same time.
Accordingly, the Defendant caused the death of the victim by occupational negligence, and at the same time did not take necessary measures to prevent risks by machinery.
2. Defendant B, Inc., was established for the purpose of manufacturing ready-mixeds in Chungcheongnam-si, Chungcheongnam-si.