A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, while operating the “C”, is a contracting business owner who contracted the construction of a commercial building in Sejong City E from D (State) and contracted the construction of a new commercial building to the G of F operation with a part of the construction work.

On March 3, 2017, the Defendant had H et al. perform the work of installing a flast at the construction site above the G workers at the above construction site.

The Defendant is the contractor who subcontracted the installation of the above ice plate, and the above construction was conducted at a height of at least five meters from the ground and was in danger of falling to workers. As such, the Defendant has a duty of care to prevent the fall of workers by installing a work board or installing a safety-proof net by means of assembly, etc. for the Defendant who exercises overall control over the safety management of employees belonging to his employees and sewage companies.

Nevertheless, the Defendant: (a) caused the victim H who installed a string at a height of about 5 meters from the above ground by negligence without installing a safety-proof net, etc. at the above construction site to fall on the floor and suffered approximately approximately 20 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Police statements made to I and J;

1. A medical certificate;

1. Investigation report (J telephone conversations);

1. Investigation report (K telephone communications);

1. Application of the statutes on standard contract for private construction works;

1. Article 268 of the Criminal Act in relation to the crime (the occupation and practical occupation, the choice of imprisonment without prison labor) and Article 68 Subparag. 2 and Article 29(3) of the former Act on the Safety and Health of Industry (Amended by Act No. 14788, Apr. 18, 2017) (the fact that measures to prevent industrial accidents have not been taken, the choice of imprisonment with prison labor is not taken).

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order: approximately twenty weeks for victimized workers.