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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is an individual entrepreneur engaged in tegrying construction business with the trade name “C” in Seoul, and is a person in charge of the safety and health management affairs of employees employed in the construction site, who is awarded a contract for the repair work (the construction amount: KRW 35 million; the construction period: January 8, 2018; or March 10, 2018) of the second floor detached house located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant construction site”); and is a person in charge of the overall safety and health management affairs of employees employed in the construction site.
The business owner shall take measures necessary to prevent the danger of workers when they engage in work at a place, etc. which is likely to fall down. As such, the business owner has a duty to take safety measures at the same time, such as conducting safety measures to ensure that workers are obliged to wear safety belts when they do work at a place, etc. which is likely to fall down, and where it is difficult to install a down-line, a down-line shall be installed, and where it is difficult to install a down-line, a fall-line shall be installed. In particular, in a place with a high height of at least 2 meters, employees have a duty to take safety measures, such as installing equipment, etc. to safely walk the safety belts.
Nevertheless, at the construction site of this case around 08:19 on February 21, 2018, the Defendant did not take safety measures, such as failing to install a safety distress, work launch plate, fall-out net, etc. to prevent the fall risk, and failing to pay safety belts without installing equipment to use safety belts, and the victim E (the age of 52) employed by the Defendant was at the construction site of this case. At around 09:55 on the same day, the Defendant caused the death of the victim at G Hospital located in Gangnam-gu Seoul Metropolitan Government F, by two external wounds, etc.
The defendant is crashed.