beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a private business owner in charge of the construction of the studio-built 3th floor in Daegu-gu (the construction cost of KRW 288,504,80) and a person who controls and supervises all matters concerning safety and health of employees belonging to the site.
1. Around 1:30 on July 11, 2018, the Defendant violated the Occupational Safety and Health Act regarding the death of the victim C, and caused the death by occupational negligence, etc., to have the victim C perform the installation of a high-standing tree at the outside of the third floor of the site.
At the same time, the outside vision work site of the third floor is located at a height of 6.3 meters, and there was a risk of fall of workers.
In such cases, a business owner shall take necessary measures to prevent the fall risk of workers in the work, and in particular, when a worker engages in work at a place with a height of at least 2 meters, he/she shall pay safety caps and safety belts to the worker and have him/her wear them, and when the worker is at a risk of falling in the work engine, a safety distress, etc. shall be installed. In cases where it is difficult for the worker to install a safety distress, etc. on the part of the part of the part of the non-meter work engine due to the characteristics of the work, he/she has a duty to take necessary measures to prevent the fall risk, such as installing a fall protection net, or wearing a safety belt
Nevertheless, the Defendant neglected this and did not cause the victim to wear a safety cap and safety belt, and did not install a safety team and a fall protection net in the part of the part of the non-way work engine, thereby causing the victim to fall down at approximately 6.3 meters away from the opening of about 50cc in the course of the work of installing the high-standing trees, thereby causing the death of the middle-standing type of trauma, which was being treated by the D Hospital around 15:10 on July 16, 2018.
Accordingly, the Defendant caused the death of the victim by occupational negligence as above, and at the same time taking such safety measures.