Text
Defendant
A A shall be punished by a fine of KRW 8,000,000 and by a fine of KRW 5,000,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A As the head of F Co., Ltd., the head of F Co., Ltd. is responsible for safety and health care for the prevention of industrial accidents, and Defendant B Co., Ltd is a corporation established for the purpose of agriculture economy and livestock economy and its incidental business pursuant to Article 234 of the Agricultural Co., Ltd. Act.
1. Defendant A
A. In a case where the Defendant violated the Industrial Safety Act relating to serious accidents on September 5, 2017 and a manager and a person in charge of safety and health management of B Co., Ltd., as seen above, had employees under his/her control use the accusation work unit (vehicle loading and unloading transport machinery), in order to prevent workers’ danger, he/she shall prepare a work plan that includes measures for the prevention of danger, such as fall, fall, electric shock, narrowness, collapse, etc. according to the pertinent work unit, and the operational route and work method of the accusation work unit, and, in a case where he/she installs the accusation work unit, he/she has a duty of care to prevent workers’ narrow attachment by having employees install a dys or an excessive increase prevention unit.
Nevertheless, at around 06:00 on September 5, 2017, the Defendant: (a) caused the victim H to work in the air cooling room No. 2 of the above FF, which was located in Chungcheongnam-gun G, Chungcheongnam-do, to perform the replacement of the air conditioning 4th day in the air conditioning unit using the air conditioning unit; (b) did not prepare the above work plan; and (c) caused the victim to die by negligence without installing a system for prevention of excess attached to the air conditioning unit; and (d) caused the victim to die by the air conditioning system around 06:30 on the same day between the day when the shield during the work and the above transfer rail.
Accordingly, the Defendant caused the death of the victim by occupational negligence as well as machinery, etc.