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Defendants are not guilty.
Reasons
1. Facts charged;
A. Defendant A (1) The Defendant is a person in charge of safety management as the president of the Dtel management office.
On October 3, 2014, at around 00:20 on Cheongju-si, Cheongju-si, the Defendant tried to board and check the victim E (59 tax) on the off-line, due to the occurrence of rout from the off-line parking box of parking facilities in the off-line parking box of parking facilities.
At the time, the victim was frequently aboard the set, and inspected the operation of the set, but the victim was only a person with the work experience related to the electricity, and the victim was a non-professional with no expertise in the inspection or maintenance of the set, so in such a case, the operation of the machine is likely to cause danger to the victim in the course of maintaining, cleaning, repairing, checking, etc., and other similar work, the operation of the machine should be suspended. Since the specialized maintenance and inspection company at the time was designated, there was a duty of care to contact the specialized maintenance and inspection company to prevent accidents.
However, the Defendant neglected to do so, and neglected to allow the victim E (59) to check the lifts due to concerns over the occurrence of civil petitions by the occupants, thereby resulting in the death of the victim due to the sudden increase of the lifts due to the malfunction of the lifts machines.
(2) When the Defendant violated the Industrial Safety and Health Act engages in maintenance, cleaning, repair, replacement, adjustment or other similar work, such as the date, time, place, transportation of machinery and tools, and construction machinery, etc., such as maintenance, cleaning, repair, replacement or adjustment work, if any, is likely to cause danger to the workers, he/she shall stop the operation of the relevant machinery, and when the machinery is likely to be operated normally due to inappropriate methods in the course of the work, necessary measures, such as placing a conductor, etc.