A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Violation of the Occupational Safety and Health Act and occupational injury, death, etc. is a business owner who operates plastic manufacturing business with the trade name called “C” in the Jeonbuk-si Kim Jong-si.

At around 08:30 on November 6, 2018, the Defendant had the victim D (D, 39 years of age) who is an employee belonging to the workplace of waste plastics scrapers at the above C place of business do work for plastic crushing (D, 39 years of age).

The above work stops after the suspension of minculization, and then operates a minculization day with a cover opened, and even if the operation of minculization is suspended, there was no safety device between minculator and workr in the process of minculization, and there was no safety device between minculator and workr in the process of minculization.

In such cases, the defendant, a business owner, has a duty of care to establish safety rules for maintenance work, educate the maintenance work in accordance with the rules, and implement technical measures so as not to take place a pulvers, so that the workers of pulvers can safely maintain the pulvers.

Nevertheless, the Defendant did not take such measures as above and caused the death of the victim, such as cutting off or diversing the victim in tin, by allowing the victim to do so on a pulverization day, which is approaching the pulverization day before the victim’s pulverization for maintenance due to occupational negligence.

Ultimately, the Defendant violated the duty to take necessary measures to prevent the risk of workers during the mechanical maintenance work, while causing the death of the victim by occupational negligence as above.

2. Violation of the Occupational Safety and Health Act;

(a) The business owner shall perform the work of handling heavy objects;