A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, a business owner of the “D Construction”, a removal company located in Dongdaemun-gu Seoul Metropolitan Government, and is engaged in driving of the E digging season, was subcontracted to KRW 17 million among the “Seoul Gangseo-gu Seoul Metropolitan Government Multi-Family Housing Construction Corporation,” a personal constructor, to perform the removal work from March 4, 2016.

When the Defendant, as a person in charge of the above housing demolition construction site, engages in the work of using franchising construction machinery, such as fluoring seasons, he/she has a duty of care to take measures necessary to prevent accidents, such as prohibiting workers from entering the relevant fluoring season by installing a brush, posting guide persons, and allowing workers to signal by setting a certain signal method. In particular, when dismantling a building, he/she has a duty of care to take measures necessary to prevent accidents, such as preparing a work plan including the characteristics of construction machinery, designation of a construction machine operation route and work method after conducting a prior inspection on the structure and surrounding conditions, etc. of the dismantled building, designation of a work commander and guide, placement of a signal system, etc., and giving workers sufficient notice of the relevant contents.

Nevertheless, the Defendant neglected to do so on March 7, 2016, while the Defendant was carrying out removal work without installing or placing an guide in the vicinity of the excavation season without a work plan at the site of the construction site of the above loan on March 7, 2016, the victim H (the age of 47) employed by the Defendant had the victim H (the age of 47) et al. do so to prevent the progress of construction caused by the removal work in the vicinity of the above excavation season, and the Defendant directly driven the above excavation season and returned the main body to the left-hand side without properly checking the surrounding of the excavation season.