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Defendant
A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 7,000,000.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is a person who operates a paper recycling business using 40 full-time workers as a manager of the company B in Yongsan-gu, Busan Metropolitan City, and is a person in charge of safety management of the above workplace, and the defendant B is a corporation established for the purpose of a paper recycling business.
1. When the commencement of operation of a machine is likely to cause danger to workers, Defendant A business owner shall check in advance necessary matters, such as placement and education of workers, working methods, protective devices, etc., and take necessary measures to prevent danger, and shall take necessary measures, such as the suspension of operation of the machine, to prevent any danger caused by machinery, apparatus, and other equipment, such as the suspension of operation of the machine, when he/she takes out the contents from pulverr, etc. or engages in maintenance, cleaning, inspection, repair, and other similar work;
At around 15:40 on April 19, 2013, the Defendant: (a) ordered the victim D (the aged 61) to perform the cleaning work of the pulverr at the 3rd floor site of the Goyangdong-gu Seoul Metropolitan City B Goyang-si, the Defendant: (b) had the victim D (the age of 61) stop the operation of the machinery in the event of the cleaning work of the pulverr; and (c) in the event of the operation during the operation, the Defendant must take protective measures necessary on the dangerous part; and (d) have the operation using the safe auxiliary device when the operation of the pulverr is open, despite the fact that the pulverr is not operated, without neglecting the operation of the pulverr installed in the event of the opening of the pulverr, opened the culverr to the above victim who carried out the removal work of this material, resulting in the death of the pulverr by promptly entering the culr, compressioning, cutting, and so on.
2. Defendant B Co., Ltd. is the defendant’s employer at the above date, time, and place as above in relation to the defendant’s business.