A shall be punished by imprisonment with prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

[Judgment of the court below]

1. The Defendant, who violated the Occupational Safety and Health Act against Defendant A, is an actual operator of the D Co., Ltd., who exercises overall control over work instructions and overall safety and health affairs for his employees.

When a business owner carries out dismantling of buildings, etc., he/she shall prepare a work plan containing the method of dismantling, the order of dismantling, the drawings, etc., and shall have workers wear a safety belt in accordance with the plan, where it is difficult for workers to install a work launch plate or to install a work launch board at a place where the workers fall or fall, and where an object falls or fall, or where an employee is at the risk of fall, he/she shall have workers wear a safety cap.

Nevertheless, on November 7, 2013, the Defendant: (a) hired four workers at the workplace located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) ordered workers to perform dismantling work without preparing a decommissioning work plan; and (c) allowed workers to perform work without paying safety cap and safety belts; and (d) divided the pipe pipe for earth and sand transfer, while the Defendant was engaged in the work of separating the pipe pipe for earth and sand transfer, the Defendant was in the process of cutting off the pipe pipe for a mobile cream, thereby causing the F to fall from approximately 3 meters high, thereby causing death.

【2014 Highest 1093】

2. Defendant A’s occupational negligence, death, etc. is the actual operator of D Co., Ltd., and the Defendant directly directs and supervises workers at the work site for dismantling sand collection stations in the front-Naman-gun E.

When the Defendant instructs workers to dismantle a sand sorting machine at the construction site at around 15:57 on November 7, 2013, the Defendant shall thoroughly supervise workers, such as having them wear safety caps and safety outfits, thereby preventing accidents that may occur due to falls and falls.