Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was a person who is the actual representative operating the “C” located in Osan-si B, and the Defendant was awarded a subcontract from (i) E to (ii) in Ansan-si from May 28, 2018 to June 28, 2018 to (iii) in the construction cost of the “(i) E-E remodeling construction work” for KRW 198,746,00, and the victim F (i.e., South and 59 years old) is an employee employed by the Defendant at the above construction site.
A business owner shall have his/her employee wear a safety cap in the event that he/she carries out an operation at a place with a high height of at least 2 meters (Article 32(1) of the Regulations on Industrial Safety and Health), and when an employee carries out an operation at a place with a risk of falling at least 2 meters (Article 42(2) of the Rules on Industrial Safety and Health), he/she shall install a fall protection net (Article 42(2) of the Rules on Industrial Safety and Health), but on June 2, 2018, he/she instructed the victim to carry out an operation at the above remodeling construction site on June 2, 2018 without wearing a safety cap and safety belt while the fall protection net is not installed.
Ultimately, the Defendant did not take necessary measures to prevent the above industrial accidents, and at the same time, had the victim, without such safety measures, who had been carrying out the panel removal work due to occupational negligence, ordering the victim to carry out the panel location panel removal work on the roof of the warehouse at a height of about four meters without such safety measures, fall into the floor and suffered injury, such as the left-hand and the upper-hand alleys complex, which requires treatment for about five months.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement, diagnosis, opinion, on-site photograph, etc. with respect to F;
1. A medical care benefit application, an industrial accident compensation insurance report, etc.;
1. The application of its business registration certificate, construction contract certificate, on-site photographs law.