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1. The defendant A shall be punished by a fine of seven million won;
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
Defendant
A is a person who is responsible for the safety and health of the instant construction work, as the head of the interest site for the actual operator of the Defendant limited company B, who performs the construction work of a store and reading room (hereinafter referred to as “instant construction work”) in Nam-si, Namwon-si under a contract with D (hereinafter referred to as “instant construction work”).
1. Crimes concerning death of workers due to violation of duty to prevent fall;
(a) When Defendant A’s business owner violates the Industrial Safety and Health Act, occupational duties and death or injury, etc. engages in an operation at a place where workers fall or are at risk of fall, he/she shall install a safety net, and when it is difficult to install a safety net, he/she shall install a safety net. If it is impracticable to install a safety net, he/she shall have workers wear a safety belt, have workers wear a safety belt at a place at a height of at least 2 meters high of falling risk, and take measures necessary to prevent fall, such as installing a equipment capable of safely putting a sublease, etc.
Nevertheless, the Defendant, at around October 2, 2017, caused the death of the victim E (58 years old) by pressure from the South Korean University Hospital located in the 42-dong-gu, Gwangju-gu, Gwangju-gu, where a worker was at the end of the construction site of this case, by failing to take necessary measures to prevent the fall risk, such as installing a work plate or safety room, or not having the worker wear a safety signal, despite the risk of falling, and failing to take necessary measures to prevent the crashed danger, etc., even if the worker was at the construction site of this case, at around 12:40, Oct. 2, 2017, the Defendant: (a) was at the end of the work; (b) was at the center leading to the right side of the body of the victim E (58 years old); and (c) was at the concrete floor, separated from the center, resulting in the death of the victim by pressure, etc. at the south Korean University Hospital, which was in the process of transmitting treatment.
B. Defendant B 1-A