업무상과실치사등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is in the position of overall control and management of matters concerning safety and health of workers belonging to C as a personal business owner operating the “C” in Changwon-si Mhappo-gu B.
On March 17, 2020, the defendant ordered the victim F (E) who is a daily worker to replace the ceiling roof of the above warehouse in the E business place of the company, Changwon-si, Sungwon-si. The defendant contracted the replacement of the ceiling roof of the building upper part of the building in the business place, and ordered the victim F (E) who is the daily worker at around March 17, 2020 to proceed with the replacement of the roof of the above warehouse in the E business place of the company.
In such cases, a business owner shall pay a safety cap and safety belt to an employee engaged in work at a place at a risk of falling at least two meters in height, and shall have the duty of care to prevent accidents by taking safety measures, such as installing a light plate with a width of at least 30 centimeters or installing a fall protection net, etc., if it is apprehended that accidents may occur due to the omission of an employee in performing work on the roof covering a dangerous material, such as asbestos slate and lines, etc.
Nevertheless, the Defendant had the above victim work on the roof of a tent with a strong strength of 4.3 meters from the ground and with a strong strength on the roof, and did not take measures to prevent danger, such as the installation of a light light or a crashing net, without paying the safety cap and safety belt to the above victim. On March 17, 2020, the Defendant felled on the floor below 4.3 meters due to the shock of the roof of the above victim, while the Defendant did not wear any protective outfit at around 09:0 and without taking measures to prevent the fall risk.
Ultimately, the Defendant was negligent in performing the above duties and caused the above victim to be in Sung-gu, Changwon-si G around March 17, 2020.