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Defendant
A shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for eight months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A is the representative of “E” in Spocheon-si D, and the defendant B is the head of the factory responsible for the safety management of the above E.
1. Defendant A: (a) around 09:30 on January 22, 2014, the Defendant: (b) performed the work of dismantling engines equivalent to 250km in weight from scrapping to scrapping; (c) performed the work of handling heavy substances by workers, the Defendant prepared a work plan including safety measures to prevent the risk of abortion; and (d) performed the work according to the work plan; and (e) performed the work of dismantling auxiliary devices, such as loading and unloading, loading and unloading, transportation, machinery, etc., the Defendant had a duty of care to set the directioner for the relevant work and instruct the work to determine the work order; and (e) check the situation of the use of safety land poles or safety block, etc. to prevent accidents.
Nevertheless, the Defendant neglected to take such safety measures as above and allowed the victim to independently dismantle the engine at the lower part of the vehicle-scrapping, and caused the victim to die by falling off on the victim’s head, and caused the victim to die from the two parts of the tin.
Ultimately, the Defendant violated the above business owner’s duty to take safety measures, and at the same time caused the death of the victim by occupational negligence.
2. Defendant B had a duty of care to prepare a plan containing safety measures, and check the use of safety land poles, safety blocks, etc. in order to prevent heavy oil from falling, at the same time and place as in the preceding paragraph, when the victim F (the age of 45) dismantles an engine in scrapping.
Nevertheless, the defendant neglected to do so and reported that the victim will dissolve the engine to the lower part of the scrap.