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A defendant shall be punished by imprisonment for four months.
The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
As the representative of “E” in the Republic of Korea, the Defendant is a user who ordinarily employs nine workers and runs the comprehensive repair business of motor vehicles, and is responsible for and responsible for the management of safety and health at the above workplace.
1. On March 23, 2018, the Defendant: (a) instructed the victim F (tax age 61) of the person working at the maintenance work site of the above maintenance work site to replace the noise engine of cargo vehicles with 14 tons.
In the event of repair of loading, unloading, transportation, machinery, etc. or installation and dismantling of accessory equipment, the Defendant, a safety health manager, has a duty of care to designate the conductor of the relevant work and instruct the work after determining the order of work, and to check the use of safety props or safety block at a place where it is likely to pose a danger to workers due to sudden operation of voltages, lamps (ram), liftss, liftss, rocks, etc.
Nevertheless, the defendant did not take safety measures such as designating a conductor of work or checking the use of a safe prop or safety block, etc., and caused the death of the victim, who did work to replace cargo vehicle noise equipment, by negligence between the 14 tons of cargo vehicle caps and the fixed device of the caps, which caused the death of the victim with the external trauma quality at around 12:13 on March 23, 2018.
2. The Defendant in violation of the Industrial Safety and Health Act, while repairing trucks, which are truck transportation machinery connected to vehicles, and installing and dismantling ancillary devices at the above time and place, did not designate a conductor for work and have him/her decide the work order and instruct him/her to work, and uses safety props or safety block at a place where the closure of a truck tanked by a voltage is likely to cause danger to workers by operating suddenly.