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Defendant
A Imprisonment for eight months, Defendant B Co., Ltd. shall be punished by a fine of KRW 20 million, Defendant C and D Co., Ltd.
Reasons
Punishment of the crime
Defendant
D Co., Ltd. is a business owner of a corporation established for the purpose of manufacturing concrete structures, etc. with Asan City L, and Defendant B Co., Ltd. is a business owner who manufactures concrete structures by receiving a contract for part of the process within Asan factory.
Defendant
C The head of the technical support division of the Asan Factory Co., Ltd. is the person in charge of safety and health management for its employees and their workers, and the defendant A is the person in charge of safety and health management for its employees as the head of the defendant B Co., Ltd.
Defendant
D and B Co., Ltd. used the production facilities of Defendant D Co., Ltd. within the above Asan factory and produced ancillary materials of PC by inserting the manpower of Defendant B Co., Ltd.; the main materials necessary for production are procured by Defendant D Co., Ltd.; the consumables, etc. necessary for production are procured by Defendant D Co., Ltd.; Defendant D Co., Ltd.; Defendant B Co., Ltd. and employees of Defendant B Co., Ltd concluded a subcontract agreement to preferentially comply with Defendant D Co., Ltd.’s instructions, thereby practically using and directing the employees of Defendant B Co., Ltd.
1. The defendant A or C (the part related to the death of a victim) shall stop the operation of the relevant machine in the event that the maintenance of machinery, transportation machinery, repair, replacement, adjustment work, or other similar work is likely to cause danger to workers in the course of carrying out the maintenance of machinery, transportation machinery, construction machinery, etc., such as cleaning, oil testing, repair, replacement, or adjustment work, and shall take necessary measures, such as placing a conductor, in a case where the operation of machinery is likely to be done suddenly due
On the other hand, a person responsible for safety management shall perform risk work, such as maintenance and repair of machinery, apparatus, etc.