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1. The defendant A shall be punished by imprisonment with prison labor for six months;
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Defendant
A is a director of the construction site of Seongbuk-gu Seoul Metropolitan Government Multi-household Housing Construction Site (hereinafter referred to as “the construction site of this case”) to which B performs, and is a person in charge of safety and health management who has overall control over the construction site. Defendant B is a corporation established for the purpose of construction business, etc.
1. Defendant A
(a) A business owner violating the Occupational Negligence, Death, and Occupational Safety and Health Act with regard to victims D shall require workers engaged in work at a place with a risk of falling not less than 2 meters in height or depth to wear a safety belt, and shall take measures necessary to prevent a fall risk by installing a downboard or installing a work plate in a manner of assembling a telescope, etc. where it is difficult for workers to install a fall protection net or to install a work plate in a case where workers are likely to pose danger in the course of conducting work at a place where the workers fall or fall down, machinery, equipment, vessels block, etc.
Nevertheless, on November 28, 2018, the Defendant did not pay safety belts to the victims D (year 72) who are engaged in molding operations on the second floor of the E-dong, at the construction site of the instant construction site, and did not install a separate installation to fix safety belts in the work section of the victims. As a result, the Defendant did not install a separate installation to prevent the crash risk, such as a work launch plate and a fall-out net, etc. on the second floor of the E-dong, at around 13:00 on the same day, the victim, who was engaged in molding from the second floor of the instant construction site of the instant construction site of the instant construction site, fell into one floor, fell into one floor, resulting in the death of the external healthma at the F Hospital around 14:40 on December 6, 2018.
As a result, the Defendant violated the business owner's duty to take safety measures, and at the same time commits negligence.