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Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant
A corporation shall be punished by a fine of KRW 7,000,000.
Defendant .
Reasons
Punishment of the crime
Defendant
A Co., Ltd. is a corporation established for the purpose of the asphalt sales business in Jeju Island, and the defendant A is a representative director of the Co., Ltd. who is a person in charge of overall control and management of affairs to prevent industrial accidents that may arise when the employee works as the representative director of the Co., Ltd.
1. A around July 9, 2015, the Defendant instructed the victim E (52 tax) (the victim) who was employed by the Defendant at the scene of the foregoing corporation B to perform the work of monitoring and the replacement of the oil pipeline for the asphalt storage tank using tank glass vehicles.
There are 3.5 meters high and a place where workers might fall, and the tank rolling stock is used for loading and unloading of vehicles. Therefore, the Defendant, who exercises overall control over and manages the safety of employees under his/her control, has a duty of care to prevent accidents in advance by paying safety belts to employees, installing safety rails, fences, vertical fall telescopes, or safety telescopes, or wearing safety belts to employees, and allowing employees to use the tank string only for its main purpose, such as loading and unloading.
Nevertheless, the Defendant did not pay safety belts to the above victim, and did not install a rail rail, fence, and a safety room at the above work site, and the victim was forced to do so as to have the above-mentioned sprinklers and main oil replacements. On July 9, 2015, around November 11, 2015, there was an accident that the victim, who worked in the above-mentioned tank near the asphalt storage tank in the above work site, fell into the floor below 3.5 meters.
Ultimately, the Defendant, by occupational negligence, did not take measures to prevent risks to workers at a place at the risk of falling above, caused the death of the victim by damaging two parts on the same day at around 11:33 on the same day.
2. The defendant.