beta
Text
Defendant
A Imprisonment for four months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A is an individual employer who has been awarded a contract for "D Maintenance 2-Dong Structure Change Works" from B while running a construction business without a specific trade name and is in charge of safety and health affairs of his employees, and Defendant B is an operator of D who runs the comprehensive automobile repair business, etc.
1. On May 1, 2014, the victim E (the age of 57) who is a daily employed worker A was performing the removal work of the steel structure ( approximately 6 meters in length, approximately 30km in weight) on the mobile-type bridge at a height of about 3.9 meters within the construction site of the D-Maintenance 2 building structure change project located in Gyeongnam-si, Yangsan-si, Yangsan-si.
If work is carried out at the above higher place, there was a risk that the work executor might lose balance and fall so as to cause the accident to occur.
Therefore, the defendant, who is the business owner, should pay safety caps to workers who are in danger of falling or falling off the object, and wear them in order to prevent the danger of workers in the course of dismantling a building, etc., shall conduct a prior investigation into the relevant work and record and preserve the result thereof in order to prevent the danger of workers, in consideration of the results of the investigation, shall prepare a work plan including the method of dismantling and the order and drawing of dismantling in accordance with the plan; if the workers are likely to fall or fall at a place at risk of falling or falling, a work plate shall be installed by means of assembling the vision, etc.; and after preventing the removal of the steel structure by fixing it by door, etc., there was a duty of care to take measures such as removing it.
Nevertheless, the defendant did not pay the safety appearance to the victim in violation of the above duty of care, did not prepare a work plan, and did not install a work order plate.