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Defendant
A shall be punished by a fine of KRW 2,500,00, and by a fine of KRW 2,500,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
B A corporation is a corporation established for the purpose of maintaining and managing facilities, and is a business owner performing external wall painting work at D elementary school located in Kimhae-si, and the defendant A is the representative director of the above defendant B corporation and is the safety and health manager at the construction site.
1. On May 8, 2015, Defendant A had the victim E (year 49) who is an employee belonging to the restaurant parking lot of the above D Elementary School, use the accusation work unit to conduct the painting of the school outer wall.
The business owner shall take measures necessary for the prevention of hazards in the places where workers might fall down at work, where sand, structures, etc. might collapse, where material objects might fall or come by flying, and where other hazards may occur in the course of work due to natural disasters and acts of God.
Therefore, in order to prevent the falling risk of his employees, the Defendant has a duty of care to prepare a work plan, including the crash prevention measures and the operation routes and work methods of loading, unloading, transportation, machinery, etc., and to have his employees carry out work in accordance with the plan, and to supervise his employees to wear protective outfits, safety level, safety belt, etc.
Nevertheless, the Defendant neglected the duty to prepare the above work plan and wear protective outfits for his employees, etc., and caused the victim E to fall under the floor below 10.5 meters below the front gate of the vehicle, by failing to properly combine the safety height, while the victim E was on board a vehicle in order to perform the work of sealing the outer wall of the restaurant of D elementary school.
Ultimately, the Defendant did not perform his duty of occupational negligence and safety and health at the F Hospital around 12:43 on May 8, 2015 and did not perform his/her duty of occupational negligence and safety and health.