Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, as an operator of B, entered into a contract with D Co., Ltd. in the Asia-si, and was using B’s workers, who assembled cars in D factories.

On October 19, 2012, the Defendant employed E(40 years of age) as the victim, and operated it from October 29, 2012 to transfer products by operating it in D factory.

When operating a vehicle with less than three tons of less than three tons, a construction machinery operator is required to complete an education course for the operation of the construction machinery at an educational institution designated by the direction of a City/Do. Therefore, a driver of the vehicle has a duty of care to prevent accidents by inserting the vehicle to a person who operates the vehicle after checking whether he/she has relevant qualifications, such as a construction machinery operator's license, etc., and thoroughly providing safety education for workers.

그럼에도 피고인은 2012. 10. 30. 03:28경 D 제품 출하 1-B동에서 2.5톤 지게차의 조종과 관련한 자격을 갖추지 아니하고 경험도 없는 피해자를 작업에 투입한 과실로, 피해자가 2.5톤 지게차에 약 1톤 가량의 파레트를 적재하고 이동하던 중 조작 미숙으로 지게차에 실린 파레트와 작업장 상부 철구조물이 부딪쳐 그 충격으로 지게차가 넘어지면서 안전벨트를 착용하지 않은 피해자가 조종석 밖으로 튕겨 나가 지게차에 깔리게 되었다.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, by double alleys at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to the safety work plan for the fork owner;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Detention at a workhouse;