A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a business owner engaged in wholesale business under the trade name “E” in Busan Seo-gu, and is a person in charge of safety and health of workers working in the said place of business.

On March 9, 2015, the Defendant directed the Victim F (the 55 years of age) F, a worker belonging to the said workplace, to attach bar code labels to each market container located in the logistics warehouse. Belgium attachment work is carried out on the middle floor of 2.3 meters in the logistics warehouse, so it is necessary to use lifts installed in the logistics warehouse. The above lifts was in a structure with both sides open before and after the logistics warehouse, and there was a risk of falling into the bottom while the workers move to the middle floor using the lifts.

Therefore, the defendant had a duty to take measures under the Occupational Safety and Health Act to prevent accidents by issuing safety caps to the victim working in a place with a risk of falling, and by taking protective measures such as safety accidents, fences, etc. on the open side of a lifts, the defendant had a duty to take measures and duty of care to prevent accidents.

Nevertheless, the Defendant did not pay a safety mother to the victim, and ordered the victim to work without installing a safety distress, fence, etc. on the open side of the lifts. Ultimately, on March 9, 2015, around 11:30, the victim felled below 2.3 meters from the open side of the lifts, and died from cerebral cerebralopty in Busan, Seo-gu, Seo-gu, Busan, 262 High University Hospital, on March 14, 2015.

As such, the Defendant violated the duty to take measures under the Occupational Safety and Health Act, and at the same time caused the death of the victim who is an employee by violating the duty of care.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as an autopsy and appraisal report, a report on the results of field identification, a report on the investigation of serious disasters, and a report on the investigation of serious disasters.