업무상과실치사등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a business owner who runs the business of cleaning and hygiene management service business chain in Daegu Suwon-gu, and manages and supervises all matters concerning safety and health of his/her employees.
1. On November 3, 2019, around 14:53, the Defendant: (a) instructed the victim G (V, 69 years of age) who is an employee of C to conduct water cleaning (water cleaning) using high pressure sprinklers in the “EF branch” located in Daegu Northern-gu, Daegu-gu, Daegu-gu, to conduct the business of cleaning (water cleaning).
A business owner shall ensure that his/her workers are using safe work signs, such as chills, rains, etc. in the course of performing work, and a mobile sloping bridge was used only in exceptional cases, such as the use of a narrow place where it is difficult to conduct cultivation business, to install a sloping, sloping, etc., but when using a mobile sloping bridge, he/she has a duty of care to manage and supervise the workers so that they do not work on the highest part of the sloping, in cases where the height of sloping work is at least 1.2 meters.
Nevertheless, the Defendant, without taking such measures, had the victim take a portable scambling bridge (A type, work height approximately 1.87m) on the top of the upper upper part of the mobile scambling bridge (A type, work height about 1.87m) so that the victim, who was working on the above scambling bridge, fell on the scambling bridge.
On November 4, 2019, at around 05:46, the Defendant caused the death of the victim at an I Hospital located in H in Daegu-gu, Daegu-gu due to the above occupational negligence.
2. Violation of the Occupational Safety and Health Act;
(a) A business owner shall ensure that a worker engaged in any work at the risk of falling shall wear a safety cap at least the number of workers engaged in the work and wear the safety cap;
Nevertheless, the defendant is working on a portable bridge at the time and place specified in paragraph (1) as described in paragraph (1).