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Defendants shall be punished by a fine of KRW 3,000,000.
Defendant
If A does not pay the above fine, 100.
Reasons
Punishment of the crime
Defendant
B A Co., Ltd. is a corporation established for the purpose of producing and selling organic fertilizers in Jeonnam-gun C, and Defendant A is the actual representative of the above B Co., Ltd., who is the general manager of safety and health of its employees.
1. On July 23, 2014, Defendant A instructed the victim D (the victim D, South and 25 years of age) (the employee of the Defendant) to drive and load the above fork-on vehicle when the Defendant was carrying 2.5 tons of cargo vehicles in the B factory located in Goung-gun, Goung-gun, Goung-gun, Seoul, to drive and load the vehicle.
In such cases, the safety and health management manager of workers has a duty of care to prevent accidents by taking safety measures required under the Industrial Safety and Health Act, such as driving a worker with the driver's license and preparing a work plan to prevent the falling, a narrowness, and a safe operation in accordance with the work plan.
Nevertheless, the Defendant instructed the victim without a driver's license to drive the vehicle and let the victim drive the vehicle without a safety level without preparing a work plan, and the victim proceeded in the direction that the victim should not drive the speed pedal and steering gear by misunderstanding the speed pedal, and the victim's booms over the right side, and the victim's booms over the direction that the victim should not drive the vehicle.
Ultimately, the Defendant, by such occupational negligence, caused the death of the victim due to the weather closure, pressure, and low oxygen brain damage in the workplace, and at the same time caused the death of the worker in violation of the duty to take measures under the Occupational Safety and Health Act, and caused the death of the worker. In addition, the Defendant had an employee who did not obtain a license necessary for the operation of the vehicle to be in danger.
2. The Defendant B, a representative, is as described in paragraph (1) with respect to the Defendant’s business.