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Defendant
A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.
The above fine is imposed against the Defendants.
Reasons
Criminal facts
Defendant
A is a safety and health management manager in charge of matters concerning safety and health of his/her employees as a business owner who has executed a new construction of multi-family house in Kim Sea-siD, and Defendant B is a site manager at the construction site and is responsible for safety management.
1. Defendant A
A. On July 22, 2017, the Defendant violated the Industrial Safety and Health Act relating to the victim’s death had the victim E (38 years of age) install a crypt on the wall of the fourth floor of the multi-family house at the same construction site around 07:00.
However, there are about 9.6 meters high, and there was a opening of about 40cm between the work plate and the outer wall mix, and the worker was at the risk of falling into the opening.
Therefore, in such cases, the Defendant, who is a safety management manager, has a strong structure with sufficient strength to take protective measures, such as safety railing, fences, vertical fall telescopes, or covers, and has a duty to provide employees with safety caps and safety belts and to have employees wear them in advance to prevent accidents caused by fall.
Even so, Defendant 1 did not install a cover in the above opening part and did not take measures to require the victim to wear a safety cap and a safety belt at the above opening part, and caused the victim to fall into the opening part between the board of work and the outer wall morries, and caused the victim to die with multiple prolonged damage from the G emergency room located in the Gimhae-si F during the transmission treatment at around 11:00 on the same day.
(1) In the event of assembly of the auditoriums, the employer must set up a sound and burner team.
However, on July 24, 2017, the Defendant did not install a sound and burner team at the outside lecture in the outside lecture of the above construction site.
(2) In the event that the proprietor forms a vision by using a lecture room, the interval of the non-school columns shall be the seat belt.