산업안전보건법위반등
[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant
C is a corporation established by using five full-time workers in Dongdaemun-gu Seoul Metropolitan Government for the purpose of building construction business, etc., and from around April 16, 2016, it is the business owner who performs the J gas station extension construction work in Gyeonggi-do, and Defendant C is the site manager of the above J gas station extension work, who is engaged in the overall management and management of safety health of workers at the site of the above J gas station extension work, and Defendant A is the business owner who subcontracted the construction of steel plates among the above J gas station extension work on May 30, 2016.
1. From August 9, 2016, Defendant A and Defendant B committed joint crimes, around 16:40 on August 9, 2016, with the victim K (58 tax) employed at the site of the extension of oil stations located in the J located in Hanam-si of Gyeonggi-do, at the site of the extension of oil stations, Defendant A and the victim K were placed on the roof of the steel-frame structure equivalent to 7.5m high.
Defendant
A, as a business owner who employs victims, has a duty of care to take measures necessary to prevent the fall risk, such as installing a safety rail, fence, vertical fall room, etc., and where it is difficult to install a rail, etc., he/she has a duty of care to take measures necessary to prevent the fall risk, such as installing a safety net to prevent the fall or wearing a sublet to the worker.
In addition, Defendant B had a duty of care to take measures to prevent industrial accidents when performing work at a place at risk of industrial accidents, such as the collapse of earth and sand, fire, explosion, falling or falling down, etc., the victim was a worker employed by Defendant A, who is a contracting business owner, as the field warden of Defendant C.
Nevertheless, the Defendants did not take such measures and, at the same time, had the victims, who were on the roof of a height of approximately 7.5 meters by negligence in the course of performing their duties, fall on the floor and make them fall on the same day.