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1. The defendant A shall be punished by imprisonment for four months, and the defendant B shall be punished by a fine of five thousand won.
2. The defendant.
Reasons
Punishment of the crime
Defendant
B Co., Ltd. is a corporation established for the purpose of construction business, etc. at the Busan East-gu C and the second floor, and a business owner who performs machinery and electricity fire fighting works (hereinafter “instant construction”) among the construction works of the D building in the Busan Dong-gu, Busan, under contract. Defendant A is the representative of the Co., Ltd. and is the safety and health manager of the instant construction.
1. Defendant A
A. On November 13:50, 2016, the Defendant violated the Industrial Safety and Health Act relating to the victim’s death caused the victim E (44 years) to work in the mechanical parking lot inside the instant construction site by having the victim E (44 years) connect the interior wall with poppy strings and brokes.
If it is anticipated that any worker might be in danger at the time of commencing the operation of machinery, the business owner shall verify in advance necessary matters, such as placement, education, working methods, protective devices, etc. of workers, and take necessary measures to prevent danger, and if the business owner starts the operation of machinery, he/she shall determine a specific signal method and a person to be transmitted to the relevant worker, and have him/her signal by signal method.
At the same time, the central parking soft rise, and the victim was working under the bottom of a strong space, and thus, the defendant, who is in a position to exercise overall control over the safety and health of his/her employees, had a duty of care under the Industrial Safety and Health Act, to determine a certain signal method and signaler when commencing the operation of the central parking rail in order to prevent the danger of workers, and to have him/her perform the work by signaling according to the signal method.
Nevertheless, the defendant does not designate a certain signal method and a person to be signaled, and let the defendant work as it is without requiring the signaler according to the signal method, so it is narrow between wait and sn beam beamline while working without discovering the wait coming from the victim.