(영문) 창원지방법원 2019.03.27 2018고단2867



Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.


Punishment of the crime

The Defendant is the representative of C established for the purpose of manufacturing steel structure tent with the head office located in Busan City, Seo-gu, and is the business owner who received a “D factory roof replacement work” located in Changwon-si E in Changwon-si, Changwon-si, and is responsible for matters concerning safety and health of his employees.

A business owner shall take measures necessary to prevent hazards at a place where workers might fall down at work, and shall take measures necessary for the prevention of hazards, such as installation of a light not less than 30cm in width or a fall protection net, in cases where workers might suffer hazards, such as falling off at the roof covering with weak materials, such as asbestos slate, wires, etc., and where the work on the roof is likely to be dangerous, such as falling off.

Nevertheless, at around 14:20 on May 11, 2018, the Defendant: (a) performed the work of replacing the asbestos slate and the roof above the above roof consisting of asbestos slate from the victim F (the 53 years of age) who is an employee belonging to the above roof at the site of the above roof, and did not take necessary measures to prevent risks, such as installing a light board of at least 30cm in width, or a fall-off protection network, and the asbestos slate was damaged and the victim fell below 13.2 meters in height.

Ultimately, the Defendant did not take safety measures to prevent the above workers’ risks, and caused the victims to die due to cerebral injury at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A written result of autopsy;

1. Application of a serious accident investigation report prepared by the Occupational Safety and Health Authority, work site photographs statutes;

1. Article 66-2 of the Occupational Safety and Health Act and Articles 23 (3) of the same Act concerning the selection of applicable criminal facts and punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order.