[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2013 Highest 9598]

1. The defendant A is the representative director of the corporation B that mainly carries on the business of selling motor vehicle accessories in Gangseo-gu Busan Metropolitan City D.

The defendant, as a safety control manager of the above company, is engaged in the business of handling harmful substances at an indoor workplace, he/she shall install a facility or a national air exhauster to sealed gas, steam or dust emitting source of harmful substances at the workplace, and shall provide workers with proper respiratory protective equipment necessary for the prevention of health disorder of workers at the workplace dealing with metal, oxygen, gas condition materials, etc. and have the duty of care to take necessary measures to prevent health disorder of workers under his/her jurisdiction.

Nevertheless, the Defendant neglected the above duty of care and caused his employees to engage in electric treatment (the removal of oil and melting oil contained in the automobile parts) using salt acid, etc. from 10 water tanks, and did not install a smoke exhauster to three of the hydrogens that cause harmful acids, and did not shut down the upper floor of the water sources causing harmful acids, and did not cause employees engaged in the work to wear a smoke exhauster to prevent health disorder.

However, around 08:30 on August 26, 2013, the victim E (F) who is an employee of the Defendant’s factory leased part of the Defendant’s factory at the above indoor workplace, was addicted to liquidation gas caused by mixture of salt acid and liquidation or ttriium and died on 13:30 on the same day.

Accordingly, the defendant does not take measures to prevent industrial accidents as above and at the same time takes such measures.