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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 30, 2013, the Defendant employed three daily workers, including the victim D(64 years of age), at the site of the panel construction, as the business owner engaged in the building business, and at the site of the panel construction, around the steel frame of the “brin cafeteria Construction Corporation” located in Masung-si, the Defendant established a panel on the roof.
The business owner shall, in cases where the work is likely to be dangerous to workers at a place where workers fall or are likely to fall, install a work plate by means of assembling a gauge, etc., and where it is difficult to install a work plate, shall take measures necessary to prevent the fall risk, such as having workers wear a safety cap and a safety belt, etc.
Nevertheless, at around 17:00 on January 30, 2013, the Defendant did not take measures to prevent the fall of the above workers, and ordered the victims, etc. to establish a panel on the roof on the ground surface at a height of 3.5 meters, and accordingly, the victim moved the panel into the roof, lost the center of the panel on the roof, and crashed the ground floor.
Therefore, around February 1, 2013, the Defendant caused the death of the victim due to the above occupational negligence, which led to the death of the victim due to the pelke, etc. while being treated. At the same time, the Defendant did not take necessary measures to prevent the risk of the victim, who is an employee, and caused the death of the victim.
2. The Minister of Employment and Labor may order the suspension of all or part of the pertinent work, if there is an imminent danger that an industrial accident may occur. Even though the Administrator of the Gyeonggi-do Office of Employment and Labor has ordered the suspension of the partial operation of a panel at the construction site around February 5, 2013, the Defendant arbitrarily completed the establishment of the said panel at the construction site from February 21, 2013 to February 24, 2013.