A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a business owner who runs cement brick and block manufacturing business using five full-time workers under the trade name of “C” in Kimhae-si B.

Where any defects are found in machines, the business owner shall ensure that workers are used after maintenance, and shall take measures necessary to prevent any danger and injury caused by machines, apparatus, or other equipment by making workers stop the operation of the relevant machines, if it is feared that workers might endanger the maintenance, checkup, repair, etc. of machinery, etc.

Nevertheless, at around 16:20 on April 24, 2012, the Defendant: (a) even if a brick and block type device installed in the above “C” workplace stops due to the interruption of the log valve, etc., and had workers D (the age of 49) work using the above device without conducting a comprehensive inspection or maintaining it; (b) while the above D installed a brick on the part of the transport chain of the above device while the log valve was installed, if the log valve was not operated without blocking all of the above device, the Defendant operated the said device and checked the said device, and thus, the chest of the said D became narrow between the traffic chain and the speech.

Ultimately, the Defendant caused death by occupational negligence, which did not take necessary measures to prevent risks by machines, apparatus, or other equipment as seen above, by causing the said D to death due to the pressure of chest pressure and the cage of cages at the same place.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E and F;

1. The site and photographs of the corpse;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 268 of the Criminal Act, Articles 66-2 and 23 (1) of the Occupational Safety and Health Act concerning facts constituting an offense (the point of death of an employee due to non-performance of risk prevention measures);

1.Article 40 of the Criminal Code of Trade and Trade.