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Defendant
A Imprisonment for six months, Defendant B shall be punished by a fine of 7,00,000 won, respectively.
Defendant
Co., Ltd.
Reasons
Punishment of the crime
1. Defendant A is a person in charge of safety management as the representative director of Company B in Yangyang-si, Yangyang-si.
On January 29, 2015, at around 15:05, the Defendant instructed the victim E (year 67) to undertake the work of transporting rubber products using 2t vehicles, which are construction machinery, at the manufacturing factory of rubber products B Co., Ltd.
A person in charge of safety control shall conduct a prior investigation into the relevant work, the topography, ground level, and ground level in the workplace, etc., record and keep the results thereof, prepare a work plan in consideration of the results of the investigation, and take measures to prevent the operation of the vehicle to an employee who does not have a construction machinery license, and take measures to prevent the operation of the vehicle. On the factory floor of this case, there are openings (side: 10m: 2.8m: 45m: 10m: 10m: 45m:) on the ground that there are openings (side: 10m: 10m: 1.45m:) in the above openings, and thus, have the driver in charge wear safety seat belts, and there was a duty of care to direct and supervise the driver in order to prevent accidents, such as ordering the driver in charge to wear safety seat belts, and posting staff members other than the driver in charge.
Nevertheless, the Defendant neglected to prepare a work plan in advance, and did not take measures to prevent a victim without a construction machine license from operating the vehicle without installing a fall prevention device in the above opening section, and did not direct or supervise the victim to take measures to prevent accidents, such as not posting an assistant to the victim's neighboring areas, and the victim was driving the vehicle while driving the vehicle and then the driver felled into the above opening section.
Ultimately, the Defendant violated the duty to take measures under the Occupational Safety and Health Act, and around 17:00 on the same day.