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The Defendants are not guilty.
Reasons
1. Facts charged;
1. Defendant A is the head of the Dong-gu Daejeon Metropolitan City F Safety Headquarters, who is in the position of being responsible for safety and health management for preventing industrial accidents by workers at the head office B.
The term "business owner" means a part of charging part suffering from a danger of electric shock by his/her workers' contact with or approach to the charging part of electric machinery, apparatus, electric route, etc. due to work, passage, etc.
In order to prevent a sense of challenge, protection measures shall be taken by at least one method prescribed by the rules on standards for industrial safety and health.
Nevertheless, between October 20, 2015 and October 21, 2015, Defendant A had the labor inspector of the Daejeon Regional Labor and Employment Agency with respect to the pertinent workplace under the supervision of regular business shutdown accidents, and had not installed a protective device or a studio-micker with sufficient smoke to prevent exposure to the charge department of the fifth floor cooperation room and the fourth underground floor machinery room from being exposed. Defendant A did not completely cover the charge department with a studio-string with a complete cover.
2. Defendant B is a business owner who is a legal entity established for the purpose of railroad transportation with its head office located in the Dong-gu, Daejeon Metropolitan City F.
As a defendant's employee, the above A, the head of the safety headquarters, did not perform his duty to take protective measures for the prevention of industrial accidents in relation to the defendant's business at the date and place mentioned in paragraph (1)
2. Determination
A. Article 23(1)3 of the related provisions of the Industrial Safety and Health Act (hereinafter “Industrial Safety and Health Act”) provides that “business owners shall take necessary measures to prevent risks caused by electricity in running their businesses.” Article 301(1) of the Rules on Industrial Safety and Health as prescribed by the Minister of Employment and Labor pursuant to delegation of Article 23(4) of the Industrial Safety and Health Act is applicable.