Defendant

A shall be punished by imprisonment for eight months, by imprisonment for six months, and by a fine of five million won for Defendant C.

Punishment of the crime

Defendant

C Co., Ltd. is a business owner of a legal entity established for the purpose of the construction, sale, and transport of solar power plants in the Jeonnung-gun D, and the former is performing the construction, installation, and supply of solar house structures by being awarded a contract for 2,934,000 won in accordance with the contract in the Namung-gun E. Defendant B is a representative director of the above dispute resolution council, who is a safety health management manager in charge of the safety management of employees under his/her control and the contractor’s employees.

Defendant

A is a personal business owner who operates solar-powered facility business in the trade name of “F” under the contract of KRW 770,000 per unit of “F” with the “F” by the Dispute Resolution Co., Ltd., and is a personal business owner who exercises overall control over matters concerning the safety and health of employees under his/her control, such as on-site work instructions and safety management.

1. On May 26, 2020, Defendant A instructed the victim G (47 years of age) to perform the assembly work of solar structures up on the roof of the person working at the scene of the assembly work of solar structures located in Heung-gun E in the Southern High-gun E.

At least 3.1m high workers on the ground have been engaged in the work at a place where there is a risk of falling on the ground as a roof of a stable, which is installed on the roof, and therefore, the owner of the business has a duty of care to take necessary measures to prevent accidents by having the defendant, who is the owner of the business, perform the work with personal protective equipment, such as safety cap to prevent the fall of workers, and have him wear it.

Nevertheless, the Defendant neglected this and caused the death of a brain-dead child due to cerebral dystrophism in around 3.1m, which was left by the wind with a line shouldered by the victim without wearing a safety mother and a safety dysphere.

Ultimately, the Defendant above.