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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A is the representative of Jung-gu Incheon Metropolitan City C building and E, and around May 31, 2018, a business owner who subcontracted the interior interior interior interior interior interior interior interior interior interior interior interior interior interior of H building in Suwon-gu G from F, and Defendant B is the representative of Bupyeong-gu Incheon and F in J, and is a business owner who was awarded a contract for the interior interior interior interior interior interior interior interior interior interior interior interior interior interior of the H building from the K corporation of real estate brokerage around May 31, 2018.
1. At around 11:00 on June 15, 2018, Defendant A, at the fifth floor work site of H building site G located in Suwon-gu G, Defendant A had the victim L(76 years of age), a worker of E, perform the work of installing an internal wall 2 through 4 meters in height. As such, Defendant A had a duty of care to take measures to prevent the fall of workers, such as having the Defendant provide safety caps to the victim who is performing the work, and safely perform the work by means of assembling the vision, etc.
Nevertheless, the Defendant neglected the above duty of care and did not take safety measures for the prevention of fall, such as not paying safety caps to the victim, and did not install a work plate, etc., resulting in the death of the victim due to damage to his head and body part, etc. around 06:00 on June 16, 2018, which was crashed by the victim who was on the 2-meter mobile bridge and falling up on the 2-meter mobile bridge.
Accordingly, the defendant did not implement safety measures required under the Occupational Safety and Health Act, and caused the death of the victim due to a breach of duty of care required for his duties.
2. Defendant B
A. The Defendant awarded a subcontract to E for the interior interior interior interior interior interior of H building in Suwon-gu G, and thus, in the event that the above victim L, who is an employee E, had the said victim work at a place at a falling risk, as prescribed in paragraph (1), the Defendant paid a safety cap to the victim and placed a work launch plate.