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Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of seven million won for Defendant B.
However, Defendant A.
Reasons
Punishment of the crime
1. Defendant A is the representative director of Company B who leases and supplies building materials, and Victim C (54) is a person who has been engaged in on-site work under the same jurisdiction.
A. On February 15, 2016, the Defendant violated the Occupational Safety and Health Act due to the death of workers: (a) drive the E-owned vehicle at the work site of the pertinent company located in Chuncheon-si, Chuncheon-si on February 15, 2016; (b) organizing the pump (a total weight of approximately 1.6 tons and a height of approximately 2 meters); and (c) assisting the adjustment and piling of the uniforms from the above side of the said company.
In such a case, there is a risk that the pumps may fall above, so the defendant has a duty of care to pay safety appearance to the worker to prevent such danger, and the defendant has a duty of care to prevent the danger of the worker under his/her control by conducting a pre-examination of the topography, ground, and height of the relevant workplace and the work according to the plan.
Nevertheless, while the defendant did not carry out the above measures, he left part of the left side of the basin pump loaded on the ship, and covered the victim who was supported by work at the right side by the erogate, which was accumulated into the right side. As a result, the victim died on March 13, 2017 while he was receiving treatment due to eromatic depression, etc.
Accordingly, the Defendant neglected the duty of care to prevent the risk of workers, and did not take necessary safety measures to this end, thereby causing the death of the victim.
(b) A business owner violating the Industrial Safety and Health Act due to the failure to take safety measures shall not use headlights and postlights, and a wooden saw shall be installed with a saw prevention device at the saw.
Nevertheless, the defendant around September 15, 2017.