Defendant

A shall be punished by imprisonment without prison labor for four months, and by imprisonment without prison labor for six months.

However, this decision is delivered to the Defendants.

Punishment of the crime

Defendant

A is the person in charge of safety and health management of C, and the defendant B is the employee of C, a corporation, who uses the vehicle in the factory.

The Defendants, around 15:03 on December 2, 2019, had victims E (64 years of age) loaded in the cargo onto the cargo vehicle in the factory C Co., Ltd. located in Ansan-si Co., Ltd., Ltd., a member-gu, Ansan-si, Annsan-si, for loading and unloading from the cargo space to the floor in the cargo space of the Poter.

In order to prevent the danger caused by the collapse of heavy objects while loading and unloading heavy objects by using the Poke, the driver of the vehicle has a duty of care to prevent accidents by safely loading and unloading heavy objects by using the Poke and Poke. The business owner has a duty of care to prevent the entry of non-workers into the cargo tanked by the Poke and Poke, and to prevent accidents by safely loading and unloading heavy objects. The business owner has a duty of care to investigate the contents of the work in advance, to prevent the entry of non-workers into the cargo tanked by the Poke and Poke, and to prepare a work plan, including safety measures to prevent the danger caused by the collapse, fall, electric shock, compromise, and collapse, and to instruct the work in accordance with the work plan.

Nevertheless, Defendant A prepared a work plan to prevent safety accidents without having access to persons other than relevant workers, and without having to instruct Defendant B, who is the driver of the vehicle, to work in accordance with the work plan. Defendant B, while loading and unloading the loaded goods of the trucking lane, did not prohibit entry of persons other than relevant workers.