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Defendant
B B Imprisonment for eight months, Defendant A’s fine of KRW 3,00,000, and Defendant C’s fine of KRW 5,000,000, respectively.
Reasons
Punishment of the crime
Defendant
A is the chief of the defendant C (hereinafter referred to as the "defendant C") who was awarded a contract for the "G repair work" of Jongno-gu Seoul Metropolitan Government, and is the chief of the landscaping work site of the above repair work. Defendant C as the representative director of the defendant C, who is in charge of the above repair work, is the person in charge of the safety management of the above repair work. Defendant C is a corporation established for the purpose of construction work business
1. The Defendant A, as a person in charge of landscaping work at a place where employees might fall at least 2 meters of the foregoing repair work site, has a duty of care to pay safety caps and safety belts to prevent accidents in preparation for the danger of fall of workers, install work boards, safety nets, etc., and conduct safety education in advance.
Nevertheless, the above Defendant, at around 15:10 on November 2, 2012, failed to take necessary measures to prevent risks at the site of the above repair work, had workers, including the victim H (Nam and 39 years of age), including the victim H, take up a gardening work, thereby falling under the retaining wall outside the garden located below approximately eight meters, resulting in the injury such as cerebrovas and dyssis and dyssis, and thereby resulting in death at around 18:10 on the same day during treatment at the J Hospital located in Jongno-gu Seoul Metropolitan Government I.
2. Defendant B, a representative director of Defendant C and a person in charge of supervision and safety management of employees of the above repair work, who did not take necessary safety measures to prevent workers from fall at the time and place specified in paragraph (1), thereby resulting in the death of the above victim.
3. The business owner of the Defendant C is at the risk of falling workers during work.