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Defendants shall be punished by a fine of two million won.
Defendant
A fails to pay the above fine, 50,000.
Reasons
Criminal facts
1. Under the premise, Defendant B entered into a contract with three companies, including D and E, for the new construction of G middle schools in Daejeon Sung-gu F, and subcontracted part of the construction to H Co., Ltd.
H A Co., Ltd. employed I and had it carry out a funeral service, and around 15:28 on December 14, 2010, the said I died after falling into a cooperative room under 3.2 meters high from the ground below vadi, while performing confirmation work on the part of the US field work, which was already built on the third top of the cooperation room, which was built on the top of the three-story cooperation room.
2. Defendant A is the vice-director of Defendant B Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and is the general manager of safety and health who comprehensively manages and supervises the construction in question as the director of the site of new construction of Gmiddle School located in Daejeon-gu.
A business owner who awards a contract for part of a business executed at the same place shall also have a duty to install a safety dog, sound, hand, cover with sufficient strengths, etc. and to take appropriate measures for the prevention of industrial accidents, such as the installation of a safety belt, etc. when his/her employees work at a place where industrial accidents may occur, such as a place where falling risk exists.
In light of the records of this case, the prosecutor stated that "the defendant A did not perform his duty to pay safety appearance to workers but failed to do so," while considering the records of this case, it can be recognized that the defendants paid safety appearance to I. As such, this part of the defendants should be acquitted on the ground that there is no evidence to acknowledge the crime against the defendants. However, in a case where the prosecutor found the defendants guilty of the violation of the Occupational Safety and Health Act which is related to such crime, the prosecutor shall not separately pronounce
Nevertheless, the employees of the defendant B corporation are safety and health.