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Defendant
A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of 3,000,000 won.
Defendant
B.
Reasons
Punishment of the crime
Defendant
C Co., Ltd. (hereinafter referred to as “C”) is a business owner who was established in Y on October 7, 2002 in Y for the purpose of site creation business, etc., and is a business owner who was awarded a contract for KRW 354,329,500 from H to 354,329,50.
Defendant
A is a personal business owner who performs a tree project with re-subcontracted by I, which is a subcontractor of Defendant C, and is responsible for safety and health matters, such as prevention of harm and danger to his/her employees.
Defendant
B As an actual manager of Defendant C, he/she is a person in charge of overall control and management of matters concerning safety and health, such as measures to prevent harm and danger to his/her employees and workers employed by his/her contractor.
1. Defendant A’s violation of the Industrial Safety and Health Act (the victim J's death) and the occupational and actual injury, Defendant B’s violation of the Industrial Safety and Health Act (the contractor’s violation of the duty to take safety measures against his employees), and Defendant B’s occupational and actual injury, are the business owner of the victim J (the contractor’s duty to take safety measures). Defendant B shall take necessary measures in order to prevent the danger in a place where material objects are removed or likely to fall during his/her work as the contractor’s business owner, and shall require the worker to wear safety caps after paying them.
Nevertheless, at around December 28, 2016, the Defendants were headed on the standard tree that the injured party J did not take measures to require the injured party J to wear a safety cap in the course of his/her work.
A. In the end, Defendant B did not take all measures to prevent the risk when the contractor’s employees are forced to work in a place where material objects fall or are likely to fall off in the same place.
B. Defendant A is the foregoing.