Defendant

A In four months of imprisonment, a fine of four million won shall be imposed on A, and Defendant B and C shall be punished by a fine of three million won.

Punishment of the crime

[Basic Facts] Defendant D Co., Ltd. is a corporation established for the purpose of performing construction civil engineering works in Gangnam-gu, Seoul, for the purpose of construction works in Gangnam-gu, Seoul, and is a business owner who performs construction works in Busan, Jin-gu L Co., Ltd. (hereinafter “instant construction works”). Defendant B is a general manager for the safety and health management of the instant construction works as a site manager of D Co., Ltd.

Defendant

C is a corporation established for the purpose of the construction business of steel structure in Yeongdeungpo-gu Seoul Metropolitan Government M2 Dong 1308, and subcontracted the steel-frame dismantling work during the instant construction. Defendant A is a safety and health manager for employees under his/her jurisdiction as the site manager of the corporation C.

Defendant

D Co., Ltd. subcontracted the steel reinforced concrete construction among the instant construction to N Co., Ltd., and the victim O (39 tax) is a worker of N Co., Ltd.

[Criminal facts]

1. Defendant A around August 10, 2016, at the 101st floor elevator room above the 4th floor above the instant construction site, ordered P et al. to dismantle the temporary beamline (H beamline) attached to a tent by a person employed by C et al. at the 4th floor above the instant construction site.

At the time, the removal of heavy objects was carried out, and therefore there was a duty of care to prevent any person other than the relevant workers from entering and leaving the structures by installing fences, etc., and to prevent any falling of structures by using chain blocks, etc. according to the work plan prepared in advance.

Nevertheless, the defendant did not prohibit a person who is not a related employee from having access, and did not take measures to prevent falling, such as using chain block, etc. according to the work plan and cut the snive beam as it is, due to occupational negligence, so that the sn beam is left from the victim's head where the sn beam was passed, and caused the victim by a snive sn beam, etc.