beta
Text
Defendant
A shall be punished by imprisonment for six months.
However, the above sentence shall be imposed against Defendant A for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
(A) The Defendant is a personal constructor performing construction of a new house located in D from the owner C under a contract with the owner C, who directly employs workers to work at the construction site and manages the site, etc., and the victim E is employed by the Defendant and worked at the above site.
1. A business owner who violates the Industrial Safety and Health Act shall take measures necessary for the prevention of any danger caused by machinery, apparatus or other equipment in running his/her business;
1) The business owner has a duty of care to pay more than the number of workers engaged in the work of safety caps and to wear safety caps for those workers who fall off or are likely to fall.
On June 11, 2016, the Defendant had the victim transport a concrete manle (70 cm in width, 120 cm in height, 76 cm in weight, 610 km) at the construction site of the new construction site of a detached house located D at Sinung-si around July 11, 2016, but did not pay a safety mother.
2) In order to prevent any danger to workers when a business owner conducts work using loading and unloading systems, transportation machinery, etc. and handling heavy objects, he/she shall conduct a prior investigation on the relevant work and the site’s topography, ground and geographical layers, etc., record and keep the results thereof, and prepare a work plan in consideration of the findings of the investigation and have a duty of care to have the work performed in accordance with the plan.
On June 11, 2016, the Defendant did not prepare a work plan for handling heavy vehicles and heavy objects while having B work to transport the concrete manle using the said concrete manle at the construction site of the above new construction site, and having B do so.
2. On June 11, 2016, the Defendant, who died from occupational or practical injury, was newly constructed at the construction site above, and the Defendant and the victims thereof.