Text
Defendant
A Imprisonment of six months, Defendant B shall be punished by a fine of five thousand won, respectively.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A has been working as a management director of Defendant B Co., Ltd. established for the purpose of manufacturing metal management chain in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and has overall control over the safety and health management of its employees.
A. At around 17:00 on March 30, 2013, Defendant A instructed the victim E (Nam, 46 years of age) who is an employee at the said workplace to put about about 2.5t of weight on the ground learning period and 2.4m high of 2.4m of large water supply pipes, and to attach fluories.
However, since the four-time roll installed in the above mining machine is rubbered, it is dangerous that the weight will be moved by little by little, due to the defects of the mining machine, and that the weight will be moved by little.
Therefore, Defendant A, who is in charge of safety control, has a duty of care to install safety devices to fix heavy objects during the above mining season so that heavy objects may not be transferred, prepare a plan for the work of heavy objects, and take necessary measures to prevent danger, such as to work according to the direction of the commander of the work.
Nevertheless, Defendant A did not take necessary measures to prevent danger and caused the victim to perform the above contact work, and thereafter, Defendant A transferred the victim who had been engaged in the contact work, thereby causing the victim to die due to brain damage caused by brain escape in the same place on the same day.
B. On April 17, 2013, the Defendant, even at the above workplace, must take safety measures necessary to prevent risks by machines, apparatus, and other equipment, does not install a cover and safety signal on the opening side of the shock machine in danger of falling, and takes hand, which is a saw machine in its original form.