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Defendant
A Imprisonment for 10 months, Defendant B shall be punished by a fine of 7,000,000 won.
However, the defendant A.
Reasons
Criminal facts
Defendant
A is the site director of Geumcheon-gu Seoul Metropolitan Government Co., Ltd., and is the person responsible for the management and supervision of matters concerning safety and health of employees under his/her control at the site of large-scale repair works for the building in Songpa-gu Seoul Metropolitan Government.
Defendant
A corporation is a corporation established for the purpose of housing construction business.
1. Defendant A
(a) The Defendant, as a person responsible for safety and health management of workers, shall take measures necessary to prevent the danger at a place where workers might fall down.
Nevertheless, at around 15:00 on February 21, 2019, the Defendant failed to take safety measures to prevent workers from falling as described in paragraphs (1) through (2) below at the site of large-scale repair works in the D Building, and caused the death of an employee E (76 years of age) of the said company to the opening part of the stairs from the second floor to the first floor, where a rail is removed, and then fall from 1.5 meters at a height of 1.5 meters, and caused the victim to die in the G hospital located in Seongdong-gu Seoul Metropolitan Government on March 21, 2019.
1) Although the business owner should pay and wear a safety cap to workers engaged in the work that falls off or is likely to fall, the business owner shall take measures necessary to protect the safety signal, fences, vertical fall-off nets, etc. in the place where the workers might fall as the end or opening part of the work launch and passage. The business owner shall take measures necessary to prevent the fall danger, such as having them wear a fall-protection net or safety belt, in case where it is very difficult to install a rail, etc., or where a temporary rail, etc. is to be dismantled as necessary for the work.
Nevertheless, the defendant has come from the second floor to the first floor.