Text
Defendant
A Imprisonment for six months, and each of the defendants B shall be punished by a fine of seven thousand won.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is a field director of the company B, a contractor at the site of new construction of multi-family housing in Dongdaemun-gu Seoul, from March 2018 to the site of new construction of multi-family housing in Dongdaemun-gu, and is a person in charge of safety and health management who has overall control over the affairs of the above construction. Defendant B is a corporation that engages in construction business in Songpa-gu
1. Defendant A
(a) A business owner engaged in occupational accidents, death, and violation of the Occupational Safety and Health Act against victims E shall, at a place where workers might fall down as the end or opening part of the work launch board and passage, be built in a strong structure with sufficient strength to take protective measures, such as safety railings, fences, vertical fall net, cover, etc., and shall ensure that safety caps shall be worn up and worn up by workers engaged in any work at the risk of falling or falling off the objects, or workers engaged in any work at the risk of falling;
Nevertheless, on October 15, 2018, the Defendant dismantled the safety rail belt of stairs from the first floor to the fourth floor of the above apartment building on the 8th floor and did not take any protective measures in moving materials, such as divers from the first floor to the upper floor, using divers from the first floor of the 8th floor, and did not require the victim E (70 years of age) who had been engaged in the operation of the diversing from the stairs of the same 4th floor to wear a safety cap. As a result, the Defendant caused the death at the F Hospital around 00:58 on October 17, 2018 by the victim who fell into the first floor and fell into the thromatic he fell into the first floor, resulting in the death at the F Hospital.
As a result, the Defendant violated the obligation to take safety measures against the business owner, and at the same time caused the death of the victim by occupational negligence.
(b) Where a business owner in violation of the Occupational Safety and Health Act installs a safety railer to prevent danger, such as falling, etc. of workers, he/she shall form a safety railer, interim railer, end plate, and rail pole;
Nevertheless, the Defendant, at the above construction site on October 15, 2018, has six floors of multi-family housing.