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Defendant
A Imprisonment with prison labor and fines of 2,000,000 won, and Defendant B shall be punished by fines of 5,000,000 won.
Reasons
Punishment of the crime
Defendant
A is the representative director of the "(main)B" in Gwangju City, and the person in general charge of safety and health in the workplace, and the defendant B is a corporation engaged in the manufacturing of the joint board floor.
1. Defendant A
A. On January 19, 2015, around 08:33, the Defendant: (a) instructed the victim E (E and 23 years of age) in the factory of “B” to engage in the process of processing the floor of the joint board.
A business owner has a duty of care to prevent the accidents of workers due to motor, power failure, etc. by installing protective covers, etc. on the parts where workers are likely to face danger, such as motors, power failure, etc.
Nevertheless, the Defendant neglected this and caused the death of the victim due to negligence in the course of business without installing safety devices, safety devices, such as covers, etc., or safety devices, around the ridge processing machine of the above-mentioned factory, by protruding out the clothes of the victim who was examining the operational condition of the machine around the floor of the Gohap processing machine, and going to the home of the revolving the body of the victim, which moves back along with the revolving axis with the revolving axis, thereby leading the victim to the death of the victim.
Accordingly, the Defendant, by occupational negligence, caused the death of the victim, and at the same time, did not take necessary measures to prevent the worker’s accident from being caused by the motor or the power failure as the representative.
(b) Where a business owner violates the Occupational Safety and Health Act (1) conducts work using a vehicle gauge, such as loading and unloading, transportation, machinery, etc., he/she shall prepare a work plan to prevent danger to workers and have them conduct the work in accordance with such plan;
Nevertheless, the Defendant, around January 19, 2015, prepared a work plan for the work using two forkivers in the “(ju)B” located in Gwangju City D.