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Defendant
A Imprisonment for six months, Defendant B shall be punished by a fine of 2,500,000 won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
A is a field director and a person in charge of safety and health management who manage overall matters concerning safety and health of workers at the scene of the Busan-gu New Construction Work, which is performed by Defendant B, and Defendant B is a corporation owner who performs the said New Construction Work from May 29, 2015 to February 15, 2016, established for the purpose of construction business with its head office in Gangseo-gu, Busan-gu.
1. At around 10:00 on November 11, 2015, Defendant A used the victim F (the 53 years of age) who is a worker of Company B, at the fourth floor of the above new construction site of D, and used the victim F (the 53 years of age) to rescue steel bars, which are protruding off at the lower end of the elevator entrance.
In such cases, the defendant, who is the person in charge of safety and health management of the above work, has an employee work at a place of not less than 2 meters in height at which the worker might fall down at work, and thus, has an operation plate or a safety control net in order to prevent the fall risk, and has a duty of care to prevent the occurrence of industrial accidents due to fall by taking necessary measures, such as safety distress, vertical fall, or covering, etc., in the end or opening of the operation plate, in a structure with sufficient strength. If it is difficult to install the safety control net, necessary measures shall be taken, such as having an employee wear a safety belt, and if it is difficult to install the safety control net, the safety belt shall be installed in a safe manner when he/she wears the safety belt, and if he/she installs a support plate, etc. with the safety belt installed, he/she has a duty of care to prevent the occurrence of industrial accidents due to fall.
Nevertheless, the defendant neglected to do so, and the victim, who is an employee belonging to the defendant, was at least 10:45 meters away from the lower end of the fourth floor elevator entrance at approximately 12.5 meters away from the same day.