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1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
B A Co., Ltd. is a juristic person established for the purpose of construction business, and a business owner performing D Co., Ltd. (hereinafter “D Co., Ltd.”). Defendant A is a director at the site of the instant construction site performed by the said B Co., Ltd. who manages the safety and health of field workers, and E is a supervisor responsible for the direction of work and safety management at the non-management site of the instant construction site related to the instant construction project.
1. Defendant A and E’s occupational occupational failure, and Defendant A’s occupational failure to comply with the Occupational Safety and Health Act due to the death of Defendant A, have a duty of care to prevent industrial accidents by checking whether workers wear safety belts or safety altitude at the site of the instant construction site, where workers wear safety belts at least two meters in danger of falling, and by assembling, dismantling, or changing safety belts at least 20cm in width and at least 5 meters in height, and taking measures to prevent industrial accidents by installing safety plates at the site of the instant construction site and allowing workers to use safety belts; and E has a duty of care to take measures to prevent industrial accidents by checking and managing safety equipment at the site of the construction site; and E has a duty of care to check whether workers wear safety belts or safety altitude and as the head of the construction site at the site of the construction site at the risk of falling, and to explain safety rules to workers and prevent accidents by working rules.
Nevertheless, Defendant A and E neglected to perform their duties, while ordering the Victim F F (year 64) who is an employee at the construction site of this case, to perform the work of mooring at around 11:00 on January 9, 2019.