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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

C is a corporation established for the purpose of the business of distributing scrap iron with its head office in Gyeongnam-gun, Gyeongwon-si, and is the business owner performing construction works from November 13, 2014 to January 31, 2015 under a contract for the “F 2 factory and its affiliated building removal works” ordered by the FF corporation in Sungwon-si, Sungwon-si. G is the representative director of the said corporation C, who is not only his/her employees, but also his/her employees, who is responsible for the overall safety and health of workers employed by the contractor. The Defendant is a person who engages in personal construction business while residing in Yangsan-si, without a certain trade name or place of business. From November 13, 2014 to November 30, 2014, the Defendant is the business owner who has subcontracted the removal works for the “F 2 factory and its affiliated building removal works.”

On November 17, 2014, at the above construction site on November 11, 2014, the Defendant had I of the panel-official workers I of the panel remove the replacement panel on the roof of the removal factory.

When an employee works on a roof covers with weak materials, such as asbestos slate, light windows, etc., a business owner shall take necessary measures to prevent hazards, such as installation of a board at least 30cm wide, or installation of a safe air-proof net, in cases where there is a danger of fall, such as an omission of workers’ emission.

In doing so, the Defendant did not take measures necessary to prevent the falling risk of workers, such as without installing a work plate to prevent falling on the roof of a factory at a height of 11 meters from the ground, and did not take measures to prevent the fall on the lower part of the building. As an employee I being dismantled work of the panel while moving on the roof, he did not take measures to prevent the fall on the lower part of the building, and fell on the lower part of the 11m.

Ultimately, the Defendant falls short of the above.