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Defendant
A and B shall be punished by imprisonment for six months, by a fine of five million won, respectively.
Reasons
Punishment of the crime
Defendant
around November 28, 2018, Defendant D Co., Ltd. was awarded a subcontract of KRW 223,000,000 among the construction of the Dog apartment house located in E in Gyeonggi-si, and Defendant A is a business owner performing the construction of the Dogdong house from around that time to June 13, 2019. Defendant A is a head of the field office affiliated with C, and Defendant B is a person in general charge of safety and health as the head of the site office affiliated with D Co., Ltd.
1. From April 3, 2019, Defendant A and Defendant B instructed Defendant A to perform the internal escape work for each household unit at the construction site of the said new construction site from around April 3, 2019. Accordingly, Defendant A instructed four working persons, including Defendant G (Nam, 57 years of age), who belongs to C, to perform the escape work for Hdong and Idong, and accordingly, the victim began to perform the escape work under J.
When workers employed by the contractor work at a place where it is likely to fall down, the business owner who separately contracts part of his/her business at the same place shall take measures to prevent industrial accidents, such as the installation of safety and health facilities.
At the same time, stairs used as an internal passage was installed from the second to fourth floor (the top floor), and were dismantled around April 13, 2019 due to the temporary safety disorder, which was installed adjacent to stairs, and all kinds of plastic and concrete residuess and paper stuffs were left unattended on the stairs staff and stairs passage.
In such cases, Defendant B, an employee of the contractor, must install a strong structure with sufficient strength to take protective measures, such as safety risks, fences, vertical fall-off net or cover at a place where workers might fall down, as the end or opening of the work launch and passage, and work site.