The sentence of punishment against the Defendants shall be suspended separately.

Punishment of the crime

A business owner shall take measures necessary for the prevention of hazards caused by machinery, apparatus, and other equipment when running his/her business.

Defendant

A is a safety and health management manager responsible for implementing safety and health measures for his employees as a representative director of Defendant B, a business owner.

1. The result of planning and supervision of a mobile cream and a complaint work unit conducted by the Ministry of Employment and Labor’s Office on October 25, 2019 for a company B as a safety and health management manager of the company B, which is a business owner;

(a) not install rights and prevention devices in four mobile railers (C, D, E, and F);

(b) not install termination devices in five mobile railers (C, D, E, F, and G) but did not take necessary measures to prevent risks by machinery, apparatus, and other equipment in carrying on the project;

2. Defendant B, as the business owner, did not take necessary measures to prevent risks caused by machinery, apparatus, or other equipment when the business owner, who is the representative of the Defendant, who is a corporation, operates the business related to the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness H;

1. Supervisory and inspection marks;

1. Application of Acts and subordinate statutes governing site photographs of violating vehicles;

1. Article 67 subparagraph 1 of the former Occupational Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019; hereinafter the same shall apply) and Article 23 (1) of the same Act; Defendant B Company selected to impose a fine: The choice of each fine under Articles 71, 67 subparagraph 1, and 23 (1) of the former Occupational Safety and Health Act; Articles 71, 67 subparagraph 1, and 23 (1) of the same Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Sentence Defendants: Fines of two million won for each of them;

1. Defendant A at a workhouse: Articles 70(1) and 69(2) (one hundred thousand won a day) of the Criminal Act;

1. Defendants of suspended sentence: Defendant A of Article 59(1) of the Criminal Act.