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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, who violated the Act on the Safety and Health of Industrial Safety, due to the victim’s D death, is a personal constructor who has contracted out the construction work of factory extension from January 29, 2018 to March 10, 2018 and performed the work of industrial safety and health of his/her employees on a contract basis with F Co., Ltd. in Busan City, the From January 29, 2018 to March 10, 2018.
The business owner shall pay a safety cap to a worker engaged in the work at the risk of falling or falling off the object, and pay a safety stand to the worker engaged in the work at a place where the height of 2 meters or more is likely to fall, and where the worker might fall or fall at a place where the worker might fall or fall, he/she shall install a work board by means of assembling the vision, etc., and where it is difficult to install a work board, a fall protection net shall be installed.
Nevertheless, on February 8, 2018, the Defendant neglected such duty of care and did not take necessary measures to prevent the fall of workers, and had the victim D work at the above construction site around February 15:10, 2018, and had the victim D work in the second floor of the above factory, thereby getting the victim to fall below 5.8 meters in balance while working.
Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence by damaging the two sides in the workplace.
2. A business owner who violates the Industrial Safety and Health Act shall ensure that in handling containers, such as melting metal or gas, etc. used for heating, the risks of spreading gas containers shall not apply.
Nevertheless, on February 26, 2018, the Defendant has taken measures to prevent the danger of electricity by fixing gas containers while using oxygen and LPG gas containers used at the adjoining end of the construction site.