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1. Defendant A shall be punished by imprisonment for four months.
However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
C Co., Ltd. is a business owner who performs construction works for neighborhood living facilities located in Pyeongtaek-si D from the owner E to November 1, 2016, and Defendant B is a site manager at the above construction site and is in the position to exercise overall control over the safety and health of its employees.
Defendant
A is a business owner who performs stone construction works among the construction works of the above building with a subcontract from C Co., Ltd., and is a safety and health management manager to prevent accidents related to safety and health of his/her employees.
1. On February 25, 2017, around 13:05, Defendant A had the victim F (68 years of age) perform the installation work of a tiny trial at the height of 7 meters from the outer wall of the building at the construction site of the building.
In such cases, the defendant, who is the person in charge of safety and health management of the business owner, had the damaged person work in a place at a risk of falling at least 2 meters high, so he/she paid a safety belt to the employee and had him/her wear it, and had been obliged to take preventive measures such as safety rail.
Nevertheless, by negligence, the Defendant did not take such safety measures as above and caused the victim to work without taking such measures, and caused the damaged person to fall on the ground as it was, while going beyond the center while working in the above operation board.
Ultimately, the defendant's above occupational negligence and the occupational negligence in Section B, such as Section B, caused the victim's death by the direct reason of the fall cage at that place.
2. Defendant B
(a) The business owner of a business carried out in the same place as a business dealing with the death of the victim F, resulting in death or injury, and in violation of the Industrial Safety and Health Act, whose part of the business is awarded a contract by separating it from a contract, is at the risk that his workers might fall.