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Defendant
A In 10 months of imprisonment, Defendant B shall be punished by a fine of KRW 5 million, and Defendant C shall be punished by a fine of KRW 6 million.
Reasons
Punishment of the crime
1. Defendant A’s status as the Defendants is a “E” site manager awarded a contract by the Company A, who is a person in charge of the safety and health management of workers. Defendant C is a corporation established for the purpose of construction business. Defendant B is the head of the work team of the said Corporation. Defendant B is the head of the vehicle set (vehicle for vehicles) team leader of the said Corporation.
2. At around 07:00 on March 26, 2016, Defendant A, Defendant B, and Defendant B had employees, such as the victim H (38 years of age), work on the second floor of the above construction site located in Gangnam-gu Seoul Metropolitan Government, and there was an opening hole for the installation of a camera (second floor) and the height from the opening to the ground level reached approximately 4 meters.
In order to prevent workers from falling, the above opening was originally installed a safety distressed in order to prevent workers from falling, but on the day of the instant case, the second floor carp seal work (the work of installing iron plates between the floor of the carp and the building to ensure the safe movement of the vehicle in the building) was scheduled, and the above safety distress was temporarily dismantled.
In such a case, there was a risk that the workers who work in this place lose balance and fall into the opening part of the opening, and thus the accident may occur.
(A)In the event of the temporary decommissioning of the safety distress, the Defendants, such as the Director of the C site, the Head of the Working Group, and the Head of the Kagp Construction Team, have the duty of care to prevent workers from falling, by taking safety measures, such as the installation of a safety net or the replacement of the safety distress immediately upon completion of the work.
Nevertheless, the Defendants, in violation of the above duty of care, have the employees, such as the victim H, without taking necessary safety measures to prevent the fall of workers.