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A defendant shall be punished by imprisonment for not less than eight months.
The request for compensation order of the applicant for distribution shall be dismissed.
Reasons
Punishment of the crime
The defendant is the representative of the steel structure manufacturing chain E, who is a person in charge of safety management of workers.
At around 16:20 on June 8, 2013, the Defendant had the victim H (58 years of age) who is an employee at the site of construction of G material storage works in Yangsan-si, Inc., a company located in the “F” in Yangsan-si, install a steel-line with a height of 5 meters.
However, since the work on a steel frame with a height of at least two meters is required to be carried out, there is a duty of care to prevent accidents in advance, such as paying safety belts to prevent workers from falling, installing a safety watch net, and installing facilities, etc. to safely walk the safety belt when wearing the safety belt.
The Defendant neglected this and did not install a safe network, and did not pay a safety belt, and had the victim perform the work of installing a display at a height of 5 meters on a steel frame.
As such, the Defendant’s negligence, which caused the fall into the floor by taking a string that was not fixed by the victim, and the string fell into the body of the victim.
Accordingly, the Defendant, at around 16:55 on the same day, did not take measures necessary to prevent the risk at a place where workers might fall at work as a business owner, resulting in the death of the victim with a scarb on both sides in the course of transfer to the Yangsan National University Hospital.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. On-site reports on results of field identification, reports on the temporary burial at the scene of a change in a case, and the application of statutes of a death certificate;
1. Article 66-2 and Article 23 (3) of the Occupational Safety and Health Act, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The existence and existence of liability for damages under Article 32(1) of the Act on Special Cases concerning the Settlement of Lawsuits, etc.