A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant was a business owner who runs a construction business under the trade name "D" located in the 1st floor C of the building in Busan Young-gu, Busan, and was awarded a contract for the roof removal construction of the building E located in Geum-gu, Busan, and was constructed from July 2, 2018.

(1) In conducting works for dismantling a building, etc. or handling heavy objects, a business owner shall prepare a work plan containing the method of dismantling, order drawing, work plan for dismantling or dismantling machinery, apparatus, etc., other safety-related measures to prevent risks, such as fall, and other safety-related matters, and shall require the relevant worker to perform works in accordance with such plan; and shall notify the relevant worker of the details of the work plan; and shall also take measures necessary to prevent risks, such as installation of a light board of a width of at least 30 centimeters or a fall protective net, in cases where the relevant worker is likely to engage in works on the roof covering with weak robbery, such as radiation, etc.; and (3) In cases where the worker is at risk of falling, a safety belt shall be paid to the worker if the worker is at risk of falling.

The Defendant, around July 4, 2018, at least 09:10 on July 4, 2018, ordered the Victim F (54 years of age) to remove blades (weight of at least 27.86 kilograms per head) from the roof of the building located at least eight meters high. As such, the Defendant had a duty of care to prepare a work plan and notify the details thereof to the victim as above, to install a light board with a width of at least 30 centimeters, to install a fall protection network, and to wear a safety cap and safety belt.

Nevertheless, the defendant neglected the above duty of care and at all a working plan.