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Defendants shall be punished by imprisonment for eight months.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Reasons
Punishment of the crime
1. As a personal constructor, Defendant A is an employer who has contracted a prefabricated structure construction work among new housing construction works in Tong Young-si D from B and employs a victim E (49 years old).
On March 30, 2017, the Defendant, at the above construction site around 09:20 on March 30, 2017, had the victim take part in measuring the length and slope of the upper part to be installed for the installation of the upper outer wall board on the roof frame of 4 meters in height.
Since the above work place is 4m high and there is a risk of falling between steel-frames during work by workers because the upper team is not established, so the business owner has a duty of care to pay safety caps to workers and to wear safety belts, and to install a safety light or a safety light net.
Nevertheless, the Defendant neglected this and did not pay a safety cap, and did not have a safety tag or safety room installed, and at the same time, did not take such measures, caused the death of the victim, who was working on the above roof framed structure, to fall down on the floor below four meters between the steel framed structure, and caused the death of the two traumas around 09:47 on March 30, 2017.
2. Defendant B, as a personal business owner who performs new housing construction works in Tong Young-si, the Defendant subcontracted A with prefabricated A during the foregoing construction works.
The business owner who operates a business in the same place and contracts part of the business to be contracted separately shall take measures necessary to prevent the fall risk, such as providing workers with protective outfits, such as a safety cap, etc., and allowing them to install a work plate or a safety watch, and wear a safety belt.
Nevertheless, the defendant is entitled to Paragraph 1. to the worker E employed by the consignee A.