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Defendant
A Imprisonment for 10 months, Defendant B shall be punished by a fine of 7,000,000 won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
B is a corporation established for the purpose of manufacturing and selling cement brick block in Gangseo-gu Seoul Metropolitan Government, which has a brick factory in Suwon-si Power Line D.
Defendant
A as the representative director of Defendant B, a person who is responsible for overall safety and health affairs for his employees.
1. Defendant A
(a) In performing maintenance, cleaning, oil supply, inspection, repair, replacement, or adjustment work of industrial machinery, transportation machinery, construction machinery, etc., or other similar work, a business owner who has violated the Occupational Safety and Health Act due to the death of victims shall stop the operation of the relevant machinery if the workers are likely to be dangerous, and shall take necessary measures, such as assigning a supervisor of the work, if the machinery is likely to be properly operated due to improper work methods in the course of the work;
On December 11, 2017, the injured party E (the 62-year-old age) who is an employee of B, was engaged in the work of opening cement, sand, etc. with concrete mixtures (hereinafter referred to as the "mixer of this case") at the above plant on December 12, 2017, and was mixed with water due to the trouble of the control tower valve, and was made to spread water with a fitness.
In such a case, the defendant has a duty of care to prevent the victim from sustaining the mixing date of this case. However, if there is any malfunction in the machinery, the defendant does not provide specific safety education to ensure that the plaintiff will proceed with the work after resolving the problem, or that it will work at a safe state by blocking all of the mixing machines. In the course of the above work, there is an occupational negligence in which the mixing date of this case is not installed to install a lid or to insert a separate key so that it can not be without permission.