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Defendants shall be punished by a fine of KRW 4,000,000.
Defendant
If A does not pay the above fine, it shall be 100.
Reasons
Criminal facts
Defendant
A is the representative director of Defendant B, a corporation established for the purpose of painting and prohibited treatment, etc. in Si interest.
1. Defendant A’s business owner has a duty of care to check in advance necessary matters, such as placement, education, work methods, protective devices, etc. of workers, and to take necessary measures to prevent danger when found any defect in machinery or protective devices, to ensure that the workers are employed after maintenance, and to take necessary measures to prevent danger, such as releasing compressed gases or liquids in the inside of the machinery, apparatus, equipment, etc. in a case where it is apprehended that the workers might cause danger because of the emission of compressed gases or liquids, etc., the workers have a duty of care to take necessary measures to prevent danger.
Nevertheless, at around 13:10 on July 15, 2013, the Defendant: (a) had the victimized employee F work at the above B’s workplace F, while raising temperature to 107C as a building for the above subdivisioning work.
In such work, the Defendant provided prior education on the matters concerning the prevention of fire explosion and the composition of chemical substances, such as paints used in liquid-type work, etc., and provided education to the victim G, who was in the vicinity of the above work, on the ground of the possibility of remaining gaseous or liquids, where the temperature in the construction is not increased by the temperature set up due to the said construction, the Defendant provided immediately the employee with education and instruction to immediately stop the operation of the said construction, but neglected to do so, while the above F puts out the said construction due to the occupational negligence during the above work, and puts the said construction again into a drying, etc., and caused the victim F to die due to the damage of the external head, etc., and the victim G was at approximately 10 weeks of the physical surface 23% of the above construction site requiring medical treatment.