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Defendant
A, B, and C shall be punished by a fine of KRW 5,00,000, and Defendant D shall be punished by a fine of KRW 3,000,00.
Reasons
Punishment of the crime
Defendant
A is a person who is responsible for the management and overall control of safety and health of workers belonging to the KB as the B representative director of the corporation which has been awarded a subcontract for reinforced concrete construction work from D Co., Ltd. in the Daegu Suwon-gu Housing Construction Site, and Defendant C is a chief of D Co., Ltd. and is a person responsible for the overall management of safety and health of on-site workers with the site chief of the above housing construction site.
1. Where it is very difficult for Defendant A to install a rail, etc. or he/she needs to dismantle a temporary rail, etc. for the necessity of his/her work, Defendant A is obligated to install a safety watch, and to take necessary measures to prevent the fall risk, such as having workers wear a safety belt, if it is impracticable to install a safety watch;
Nevertheless, at around 14:30 on November 19, 2013, the Defendant had the victim G (the 67-year-old age) wear safety belts at the outside side of the 1st floor and the 1.9-meter height in the construction site, and had the victim work without taking measures to prevent the fall risk, and caused the death of February 4, 2014 during treatment by the negligence of the victim’s failure to take measures to prevent the fall risk, such as having him wear a safety belt at the outside side of the 1st floor and the 1.9-meter height in the construction site.
2. Defendant B Co., Ltd. did not take measures to prevent fall at the time, place, such as the preceding paragraph, and caused the death of the victim G by Defendant A, a representative of the Defendant.
3. Where a construction business owner is engaged in a business conducted in the same place as Defendant C and all of the specialized works are given a contract, he/she shall dismantle a temporary railing, etc., where his/her workers employed by him/her are difficult to install a rail, rail, etc. at the time of work and construction works;