Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. B is a person responsible for managing and supervising matters concerning safety and health of his/her employees as a personal constructor who has been awarded a contract in the amount of KRW 20 million for the construction of a new building in south-gu D, South-gu, as performed by C, and the victim E is a field construction worker employed by B.

B around August 1, 2016, at the above construction site around 13:30, at the above construction site, the victim gave the victim a work instruction to transport a fry house loaded on the first floor to the second floor for the purpose of building the concrete of the second floor.

In such cases, B, a field manager, has a duty of care to take protective measures, such as safety railing, in a place at a risk of falling in order to prevent a crash accident, and workers have a duty of care to check whether or not to provide protective equipment, such as safety caps, safety height, etc.

Nevertheless, while neglecting the above duty, B failed to install a safety rail, etc. and did not provide the victim with the protective equipment, such as safety caps, etc. when the work is carried out in the slope of 3 meters high in which the victim is at risk of falling, B suffered injury, such as a pelle, etc. among the left-hand side in need of approximately 8 weeks of treatment, by getting the victim to lose balance in the weight of the gale and fall into the first floor while having the victim transport the gale in the above gale.

By doing so, B did not take necessary measures for the safety of workers in carrying out the business, and at the same time suffered injury to the victim due to the above occupational negligence.

2. Defendant A’s representative controls and manages all matters pertaining to the safety and health of workers employed by his employees and contractors, and upon receiving an order from F to F for approximately KRW 130 million for the construction of a new building in South-gu D at port, Defendant A awarded a contract for “the steel and trees parts” among the above construction works to the said B and had the said B perform construction work.

The Defendant, who was awarded a contract to B, does “the steel root and tree part” work.