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Defendants are not guilty.
Reasons
1. Defendant A is a corporation in general charge of safety and health of its employees as the representative director of the corporation B that received a contract for the maintenance of two cargo elevators in Ulsan Factory DP from the said corporation (hereinafter “C”), and Defendant B is a corporation established for the purpose of manufacturing, installing, repairing, and supervision of elevators.
1. At around 10:00 on November 23, 2017, Defendant A had the victim E (34 years of age) who is an employee belonging to the workplace of Ulsan Factory DP located in Ulsan-gu, Ulsan-gu, and its employees F conduct a monthly regular inspection of the part of the entrance route at the lower part of the lowest floor platform of the cargo 2 unit, the machinery room of the two unit, the engine, the swimming space, the swimming space, the indoors, the car, the upper part, and the upper part of the Pit car.
In such cases, the defendant who is responsible for the safety of workers shall ensure that the operation of the place where workers work at all times meets the standards of not less than 75 jums, and shall stop the operation of the relevant machine when the maintenance, cleaning, oil supply, inspection, repair, replacement or adjustment work, such as small machinery, transportation machinery, construction machinery, etc., is likely to cause danger to workers in the course of performing such work or other similar work.
Nevertheless, the defendant's view of the work is less than 28 lux, which is less than 75 lux, and the operation of the above elevator is not suspended, for regular inspections, the above F operates the car from the examination operation team of the upper part of the car, and the victim entered the string to the upper part of the car to confirm the balance of the driving between the upper part and the lower part, the situation of the luxe, etc., and the victim was applied to the upper part of the car with the highest part of the car.
Ultimately, the Defendant is as above.