Defendant

A shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for seven months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is a person who operates a building dismantling business, etc. in the name of "E from the Busan Geum-gu, Busan, and is a person in charge of safety and health management at the site of the removal of housing located in the same Gu F, and Defendant B is a person in charge of the operation and operation of the G digging machine at the site of the above removal work.

1. Defendant A

A. On October 18, 2016, around 09:35, the Defendant violated the Industrial Safety and Health Act with respect to the death of the victim H, and caused death and injury from occupational and occupational injury, etc., to remove the existing building by having B operate a circulator, a vehicle-based construction machine at the site of the above removal construction work. The victim H (75 years old) by the person who has worked for the work, had the person engaged in the work do the cirrative work to prevent flying dust in its surrounding area.

In order to prevent danger to workers, the defendant, who is in the position of overall control of safety and health of his/her employees, has a duty under the Industrial Safety and Health Act to conduct a prior investigation into the relevant work and the relevant workplace's topography, ground and ground level, etc., to take into account the result thereof, prepare a work plan including measures to prevent danger, such as narrow landing, etc., according to the relevant work and to conduct work in accordance with the plan; to place a guide by setting a certain signal method; or to allow workers to enter a place in danger of facing workers due to contact with the relevant vehicle's construction machinery in operation.

Nevertheless, the Defendant did not conduct a prior investigation for the prevention of workers' danger, and did not prepare a work plan accordingly, and had a victim enter and leave the vicinity of the above excavation season to work for the prevention of danger, without assigning an guide, and caused the victim to be able to live in the vicinity of the above excavation season due to negligence in the course of duty and shock into the left-hand side of the above excavation season.