업무상과실치사등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
B Co., Ltd. is a corporation established for the purpose of waterproofing and waterproofing construction business in Kimhae-si, which is a business owner who has contracted three tools of waterproof construction work among the new construction works of marina E apartment from D Co., Ltd.
The defendant is the representative director of the corporation B, who takes overall charge of and manages matters concerning safety and health of its employees.
On March 16, 2018, around 14:38, the Defendant: (a) had the victim G (the 40-year-old) who is an employee under his control perform waterproof work on the 30th floor rooftop (specific part) of the above apartment H on the 30th floor.
At the same time, there was a danger of falling at a height of 30 floors, so the business owner had a duty of care to prevent accidents by having workers wear safety belts and by having them wear safety rail at the end of the rooftop, and by having them do work after taking safety measures, such as installing safety rail at the end of the rooftop.
Nevertheless, the Defendant neglected this and failed to install a rail on the rooftop, and caused the death of the victim due to an occupational negligence, which caused the death of the victim by falling the first floor of the floor while the victim was engaged in waterproof work on the 30th floor of height of 84 meters.
As a result, the Defendant caused the death of the victim by occupational negligence and did not take safety measures under the Occupational Safety and Health Act, thereby causing the death of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement of each police witness made to I, J, K, L, M, and N;
1. A copy of the autopsy;
1. The application of Acts and subordinate statutes reporting on the occurrence of serious accidents, written opinion on investigation into serious accidents, and findings of investigation into serious accidents;
1. Article 268 of the Criminal Act, Articles 71, 66-2, and 23 of the Occupational Safety and Health Act concerning criminal facts.