업무상과실치사등
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a person in charge of safety and health for workers under his/her control, who is an individual business operator in the Nam-gu Incheon Metropolitan City G.
Business owners shall install lighting fixtures in the passage of not less than 75 jus so that workers may safely walk, and in cases where material objects may fall or fall off, or where workers may fall down, they shall be paid safety caps to wear them, and in cases where workers may fall down at the end or opening of the work board and the passage, they shall have a duty of care to take necessary measures for the safety of workers, such as strengthening of a structure with sufficient strength to protect safety rail, etc.
Nevertheless, the Defendant, at around 16:32 on January 14, 2016, at the fourth floor parking lot of the IO building, the victim J (58 Does) was working for the repair of parking facilities along with K and L, but the lighting brightness was merely 11 jus, did not require the victim to wear a safety string, etc., and the victim neglected his/her duty of care, such as failing to install a safety rail, etc. to prevent fall, and fell from the fourth floor above the above 4th floor to the fiveth floor above the underground, and caused the victim's death, such as external brain damage, etc., from the Nam-dong Incheon Metropolitan City 74 Do 774-dong, Nam-dong.
As a result, the Defendant did not take necessary measures to prevent the risk of workers, and at the same time, did not take such measures, resulting in the death of the victim by occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to L or K;
1. Application of Acts and subordinate statutes to submit written opinions on investigations of serious accidents;
1. Articles 66-2, 23 (3) (a violation of the Industrial Safety and Health Act) and 268 of the Criminal Act concerning facts constituting an offense;
1. The Commercial Concurrent Crimes Act.