(영문) 전주지방법원 남원지원 2015.11.24 2015고정91



Defendant shall be punished by a fine of KRW 2,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.


Punishment of the crime

The defendant is a business owner under the Occupational Safety and Health Act who operates real estate management business by employing 400 full-time workers, and B is a staff member of the defendant as the director of the management office of Namwon-si, who is responsible for the safety and health of the employees of the above apartment management office.

At around 14:45 on June 5, 2013, the Defendant, an employee B, ordered workers D to perform the work of removing shot tree residues at a height of at least 2 meters between 101 units and 102 units of the said C Apartment 101 units, and failed to install a work plate, and caused the death of the hospital during treatment around September 16, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E and B;

1. A letter of name of disaster investigation;

1. First-aid dogs and certificates of first-aid services;

1. Employment contracts and written pledges;

1. Application of Acts and subordinate statutes governing confirmation of telephone and other facts;

1. Article 71 of the Occupational Safety and Health Act and Articles 76-2 and 23 (3) of the same Act concerning criminal facts and the selection of punishment;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act that the defendant did not take any particular measures to prevent the violation of the judgment by the defendant, who is an employee, is disadvantageous to the defendant; however, since the defendant did not directly employ the worker who died or give the above worker any business instruction, it seems difficult for the defendant to know in advance the violation of the safety laws and regulations by the defendant; in addition, in light of the place of work or the form of work, etc., it is difficult to find it difficult to confirm whether the defendant complies with the safety laws and regulations by the defendant at all times in light of the circumstances and process of the crime of this case and the circumstances before and after the crime of this case, etc.

It is so decided as per Disposition for the above reasons.