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Defendant
A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 4,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is a business owner who operates the E Recycling Center, which is a waste disposal business entity located in Gangwon D, and Defendant B is a person who has been engaged in the business to take over and operate the above E Recycling Center.
1. When a worker handles machinery, the structure, or the straw of which is cut off, the defendant A’s business owner shall have the worker use the locks that do not pose any danger to his/her hands, such as locks, etc., to be pushed down well by the worker’s hand;
Nevertheless, on September 26, 2012, the Defendant did not provide the worker F, who was in charge of crushing of sti pumps by using the sti pumps at the above E-recycling Center, with a charge of crushing of sti pumps, to use the sti pumps without having the worker F, who was in charge of the stity pumps, to use them.
The Defendant did not take such measures as may be necessary to prevent the risks caused by machinery and equipment.
2. At around 15:00 on September 26, 2012, Defendant B: (a) used ice pumps with the victim F (53 years of age); (b) was engaged in the crushing work using ice pumps; and (c) caused foreign substances to cut off on the date of crushing; and (d) caused the victim to cut off losses in the mincator.
Thus, the defendant neglected the duty of care to prevent the victim from operating the crushing machine by properly examining the work progress of the victim, and did so again turn all of the crushing machine, and operated it as soon as the left hand of the victim gets cut off on the date of crushing, thereby causing the victim to suffer a shock of the dys of complete dys which require approximately 12 weeks of treatment.
Summary of Evidence
1. Each legal statement of witness G, F, H and I;
1. Photographs of the actual condition survey;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 67 of the Occupational Safety and Health Act and Article 23 (1) of the same Act concerning criminal facts A: Subparagraph 1 of Article 67 of the same Act;