Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A or C does not pay each such fine.

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established in Gwangju Northern-gu F for the purpose of construction business, etc., and is a business owner who was subcontracted by a private person, who is in charge of construction of steel reinforced concrete from the former Go Chang-gun G.

Defendant

A as a site warden of Defendant B, the said company performed on behalf of the said company, who had been granted substantial authority and responsibility to the said company with respect to the said concrete construction site, and was responsible for the overall matters concerning safety and health of employees belonging to the said company, and managed and supervised by the said company.

I Co., Ltd. is a business owner who was established for the purpose of construction business, etc. in the Seongdong-gu Seoul Special Metropolitan City J under a contract with Go Chang-gun to “H”.

Defendant

C is a person who acts on behalf of the business owner as a safety and general manager in charge of management and supervision over all matters concerning safety and health of workers belonging to the above I and employees belonging to sewage level.

[2017 High 45]

1. The business owner of a defendant A shall take measures necessary to prevent any danger in the course of his/her work at a place where his/her employees might fall down, where soil and sand, structures, etc. might collapse, where material objects might fall or come by flying off, or where other danger may occur due to natural disasters in the course of his/her work;

Nevertheless, the Defendant, within the construction site of the above steel reinforced concrete around September 15, 2012, in the event that the Defendant: (a) sticks fin for the conclusion of the pumps of the machinery room K (49) with the victim K (hereinafter referred to as the employees of the Plaintiff) of the Plaintiff, the above work constitutes a case where the employees are at the risk of falling; and (b) the above work ought to be installed in the launchings, etc.; and (c) in violation of safety measures under the Industrial Safety and Health Act, is jointly with the Defendant’s negligence in the course of business and C.