Text
Defendant
B shall be punished by imprisonment without prison labor 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.
Reasons
[Defendant B] Criminal History (Status and Case Background) Defendant B is a person responsible for the management and safety management of his employees, who entered into a contract for the supply and installation of a power plant, a small number of power plant, and a construction-related contract with the above E and F Corporation.
Although the above contract for the supply and installation was in the form of “sale contract for goods”, the fact was that the above contract for the supply and installation was imported from a site under a contract with H, which is an empty production company, and the above G was only a contract for the establishment, and the substance was a contract for the construction of a site.
(B) On the contrary, while the price per unit exceeds 2 billion won, the above G shall enter into a contract of KRW 297 million including value added tax. The victim of the instant case shall receive KRW 200,000 per day, and the sn beam assembly and the installation of machinery are the workers employed for sn beam assembly and the installation of machinery.
【Criminal Facts】
위 공사 현장은 오자형(ㅗ) 수차발전기 2기가 지하 2층과 지하 1층으로 연결되어 있고 바닥으로부터 최대 6m 높이에서 작업을 하여야 하므로 근로자의 추락에 따른 안전사고를 방지하기 위하여 안전방망을 설치하거나 그렇지 아니하면 안전대를 지급하고, 안전대를 안전하게 걸어 사용할 수 있는 설비를 설치하고, 작업현장이 지하로 어두우므로 실족을 방지하기 위한 조명등을 설치하는 등의 업무상 주의의무가 있었다.
Nevertheless, around 16:30 on October 31, 201, at the work site of the above minority power plant, the victim I was in the process of assembling the supporting unit of the structure on the first floor of the underground structure, and the victim I fell on the cement floor of the second floor below about 6 meters above the safety distress while the upper part of the second column of the safety distress was removed.
As a result, Defendant B does not install a device to fix safety belts, does not pay safety belts to the victim, does not install a safety net, and maintains a simple safety net.