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Defendant
A A shall be punished by a fine of KRW 5,000,00,000, in six months of his/her imprisonment without labor.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
B From July 1, 2016, a person engaged in on-site management as a team leader at the construction site of the complex construction site of the building site of the building site of the Nam-gu Incheon Metropolitan City D from July 1, 2016, and Defendant A is a worker of the above construction site, who is engaged in cleaning, simple work, etc.
On October 28, 2016, around 13:10, at the construction site, the Defendants was engaged in cleaning in order to clean the floor from 11th to 14th floor. On the 111th floor, four studs connected to the studs (hereinafter referred to as “the instant studs”) were located on the 11st floor, and the floor was not simply closed in a usual manner, and thus, there was a risk of falling under the bottom of the studs at the height of the 3rd floor in the event of cutting off the instant studs in order to flat the floor.
In such a case, Defendant B, as the on-site leader, was aware that there was an overwork in this case connected to the 11th floor floor of the 11th floor, and thus, Defendant A et al. had the workers, such as Defendant A et al. explain about the above overwork, put a safety mark on the above part, etc. at the time of giving a cleaning order. Defendant A et al. had the joint duty of care to prevent the fall of the brus caused by the overwork in advance by having the Defendant B et al., the head of the on-site team leader, and Defendant A et al. do work to cut the overwork, and Defendant A et al. had the joint duty of care to prevent the fall of the brus caused by the overwork.
Nevertheless, the Defendants neglected this, and Defendant B instructed Defendant B to clean up the 11st floor without any explanation of the instant excess, without any safety marking against Defendant A. Defendant A, the head of the on-site team leader, and Defendant A arbitrarily cut three out of the first floor warehouse and cut off the instant excess.