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1. The defendant A shall be punished by imprisonment with prison labor for six months;
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a director and actual operator of Defendant B Co., Ltd. who acts for the business owner on matters concerning safety and health of his employees, and Defendant B Co., Ltd is a corporation established for the purpose of industrial washing business in Ulsan-gun C located in Ulsan-gun.
1. Defendant A
(a) Where the maintenance, cleaning, water supply, inspection, repair, replacement, or adjustment work of industrial machinery, transportation machinery, construction machinery, etc., or other similar work is likely to cause danger to workers, a business owner causing death by occupational negligence shall suspend the operation of the relevant machinery;
Around 10:10 on January 5, 2020, the Defendant: (a) within a D Factory located in Ulsan-gun, Ulsan-gun; (b) the victim E (52 years of age) who is an employee, is obliged to carry out the work of inserting and collecting launds by converting the air-conditioning apparatus into the manual in the course of performing the work of cutting off and recovering laundsing such laves by using air-conditionings; and (c) the Defendant is obliged to install a system to control and block the workers, etc. in advance so that the workers, etc. may not pass through the air-conditioning system because the part after the air-conditioning system and the laves are at a risk of shocking with the upper part of the laves; and (d) the victim, etc., who is an employee, might freely stop operation when the person or material is reduced within the scope of operation of the air-conditioning system, without taking necessary measures for converting the part of the laves from the part of the laves.