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Defendant
A shall be punished by a fine for negligence of KRW 8,000,000 and by a fine of KRW 5,000,000, respectively.
Defendant
A above.
Reasons
Criminal facts
[2017 Highest 3633] Defendant B Co., Ltd. is a corporation established for the purpose of construction, manufacturing, etc. in Songpa-gu Seoul, and is a business owner who received orders from Seongdong-gu Seoul Metropolitan Government to “E-Newly constructed construction,” which is a 7th floor above ground and the 1st underground floor above, and Defendant A is a person who controls and supervises the overall affairs of the construction, such as construction, safety, etc., as the site warden of the said newly constructed construction under the above subparagraph B.
1. On April 18, 2017, at around 06:50, Defendant A received KRW 2.40,000 per day from the third floor above the construction site of the construction site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of
However, at that time, the area was opened at a height of 8.9m from the floor and was at the risk of falling by workers.
In such cases, the Defendant, who is the general manager of safety and health of the employer’s site manager, was obligated under the occupational duty and the Industrial Safety and Health Act to enable employees to work safely by installing facilities, etc. to safely relet out his or her inside.
Nevertheless, the Defendant neglected this and failed to take safety measures, such as not installing a safety boom in preparation for falling.
As a result, at around 08:03 on April 18, 2017, the victim F, who was engaged in the scam dismantling work on the third floor above the ground at the construction site of the new construction site, fells into the first floor below the height of 8.9m, and immediately after being transferred to G hospital, resulting in the death, such as the "scule of external trauma," etc. around 08:47 on the same day.
Ultimately, the Defendant caused the death of the victim by occupational negligence, and at the same time, the Defendant did not take necessary measures to prevent the risk at a place where the worker might fall, thereby causing the death of the victim.
2. Defendant B, who is his employee, was the Defendant Company A and the Defendant Company A’s employees.