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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant violated the Health and Safety Act in relation to occupational and occupational injury and death and occupational injury is a business owner who has been awarded a contract from C, a main contractor, to construct a new warehouse facility in the Hacheon-gun B, Chungcheongbuk-gun, and the victim D (49 years old) is a person who has been employed by the Defendant as a daily worker from the Defendant.
From August 12, 2016, the Defendant, from around 13:30 on August 12, 2016, had the victim perform the installation work of water pumps at the end of the roof of a new building at the construction site.
The above work shall be carried out in a way that workers install water in the warehouse eaves installed at a height of 6 meters from the ground, and waterproofs shall be carried out using solid containers.
In such cases, the defendant, who is the business owner, had a duty of care to install equipment, etc. to safely walk out the sub-lease if he/she wears a safety belt at a place of at least 2 meters high in the risk of falling.
Nevertheless, the defendant did not take such measures as above and had the victim install the discharge outlet, and the injured person completed the work on the roof framed on the same day and moved to the floor, thereby getting the balance and fall on the floor.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as double alleys around that time.
2. Although a business owner violating the Industrial Safety and Health Act has to take necessary measures to prevent hazards, such as contacting to prevent electric shock, the Defendant did not connect the contact line to the contact line within the workplace at the construction site around August 16, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol with respect to E and C;
1. A report on occurrence of each serious accident, a list of supervision and inspection of construction safety and health (integrated) and each construction contract;
1. Application of Acts and subordinate statutes to dead bodies, records of proceedings, and field photographs of each body;
1. Criminal facts;