A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

As an individual entrepreneur holding a construction machinery maintenance license, the Defendant is a person responsible for safety and health management at the retaining wall construction site at the site of the parking lot C in Gwangju Northern-gu, or at the site of the parking lot in Gwangju Northern-gu, or at the site of the victim D (76 years of age) with work instructions, etc.

A business owner shall take necessary measures to prevent hazards in places where soil and sand, structures, etc. might collapse in the course of works, where material objects might fall or are likely to fall, etc., and in particular, in cases where the risk of collapse is anticipated due to subsidence, crack, etc. due to excavation, navigation, etc. in the vicinity of structures or similar facilities due to excavation, navigation, etc., he/she shall conduct a safety evaluation; and shall take necessary measures to prevent hazards due to defective work methods, etc. in conducting excavation, quarrying, quarrying, loading and unloading, transporting, operating, dismantling, dismantling, handling heavy objects, and other work; in particular, in order to prevent hazards to workers, he/she shall conduct a prior investigation on the topography, ground conditions, etc. of the relevant construction machinery in the relevant place of work and prepare a work plan including matters concerning the types, performance, routes, work methods, etc. of construction machinery used in consideration of the results of the investigation, and shall have them conduct work in accordance with such plan.

In addition, in the construction site, there has been a worn-out lighting wall and the removal work is carried out at the construction site prior to the removal work due to digging-out equipment, there was a duty of care to prevent safety accidents of workers, such as installing safety belts, and allowing workers to wear safety equipment such as safety caps, etc.

Nevertheless, around April 28, 2018, the defendant is at the construction site of retaining wall of C Parking lot.