beta
Text
1. Defendants A and B shall be punished by imprisonment with prison labor for six months, and Defendant B shall be punished by imprisonment without prison labor for six months.
except that this judgment.
Reasons
Punishment of the crime
Defendant
Co. C is a business owner of a corporation established for the purpose of manufacturing main products in Seo-gu Incheon, Seo-gu, Incheon. Defendant A is a director of the above corporation C in the company, who has overall control over matters concerning the safety and health of workers belonging to the above place of business. Defendant B is a management director of the above corporation, who is in charge of the work process, placement of workers, work instruction, safety management, etc.
1. At around 07:30 on February 19, 2018, Defendant A and Defendant B directed the victim E (28:3) (a) who works in the workplace at the same workplace to move and load a main mold, sloping and organize money around the workplace, etc. Accordingly, the victim took up a 5 to 12:47 on the same day from around that time, using a five-ton mold (weight 500 gg), to transport the main mold (weight 500 g) in the vicinity of the sea bed and loaded at the place of work near the main mold.
At this time, when dealing with heavy water, a business owner shall prepare a work plan, including matters that can prevent the danger of fall, falling, electric shock, and collapse, and have him/her perform the work in accordance with the plan, and he/she has the duty of safety measures and duty of care to prevent accidents from being caused by industrial accidents, such as making the cargo accumulated at a high level and the load to prevent accidents from being exposed to one another at an unstable level when he/she loads the cargo.
Nevertheless, the Defendants, while having the victim carry and load the main mold, which is a heavy object, failed to prepare a work plan that may prevent the danger of the fall, fall, electric shock, and collapse of the main mold, and did not allow the victim to do work in accordance with the plan. The main mold has to be solided that is attached to the surrounding area, so that the surface of the main mold can be set at a corner by the main body.