Text
Defendant
A A shall be punished by a fine of 4 million won, and the defendant B shall be punished by a fine of 2 million won.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
B is a corporation for the purpose of leasing construction machinery from Busan Nam-gu F, which is a business owner and an employer who engages in the urisa (container transport and loading equipment) and for the for-board rental business within H corporation located in J in Seocho-gu, Seoul Special Metropolitan City.
Defendant
A is a representative director of the above company who exercises overall control over safety and health of workers.
A business owner shall ensure that safety caps shall be paid to workers who work in places where material objects are removed or likely to fall in the course of work and wear safety caps.
1. At around 08:40 on June 17, 2013, Defendant A received a report from the victim I (the age of 58) who is an employee of the above Company, who is in charge of the management of equipment, etc. as an employee of the above Company, that two of the left back of the JH, which he leased to the above H, and ordered the above I to replace the above V.
위 리치스태커는 무게가 약 45톤, 타이어 1개 무게가 약 500킬로그램에 이르고, 공기압이 약 150psi(pound per square inch, 압력 단위)에 달하므로 바퀴 볼트를 교체하기 위해 타이어를 분리할 경우 작업 도중 타이어가 압력으로 튕겨져 작업자 쪽으로 날아올 위험이 있으므로 작업자에게 안전모를 지급하여 착용하도록 하는 등 사고를 미연에 방지하여야 할 업무상 주의의무를 준수하여야 한다.
Nevertheless, the Defendant neglected the above duty of care and failed to provide the above I with the safety cap and to wear it.
Accordingly, at around 18:20 on the same day, while E (the 48-year-old) who was requested by the above I to repair wheels repair work from the above I due to the internal air pressure does not remove the internal air pressure, it is prevented to install and maintain strings and avoid air pressure.