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Defendants are not guilty.
Reasons
1. The summary of the facts charged is Defendant B’s company aiming at the installation and maintenance business of elevators located in the 305 unit of the D Building in Seongbuk-gu, Sungnam-si. Defendant A is the representative director of the above company, who is a general manager in charge of safety and health management for workers. Victim E (Nam and 32 years of age) has worked for the above company as an on-site employee in charge of elevator maintenance and repair from November 8, 201 to August 12, 2011.
1. Defendant A has a duty to take safety measures, such as blocking paths to prevent danger caused by electric shock, and allowing workers to have their body contact directly with electric route, or not indirectly contact with electric power materials, tools, or apparatus, and allowing them to wear an automatic protective device suitable for the work, and to prevent accidents in advance.
Nevertheless, on August 12, 2011, when the victim E, who is an employee of the above company, does not take safety measures such as wearing a smoke-free protective outfit when performing repair work for the F apartment 102 elevators in Sungnam-si, the defendant A, by negligence, caused the death of the patient at around 13:10 on September 17:24, 201 while being hospitalized in the G hospital room.
As a result, Defendant A did not take safety measures and at the same time caused the death of the above E in violation of occupational duty.
2. Defendant B Co., Ltd. did not perform the duty of safety measures as above with respect to Defendant A’s business at the same date, time, and place as the representative director set forth in the above paragraph (1) and caused workers E’ death.
2. Determination
(a)The net E shall be an elevator of the same mechanical room during the elevator fences repair work;