산업안전보건법위반등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant, as the representative of the “C” in the Gyeongbuk-gun B, is the business owner who performs the relevant construction work from September 29, 2018 to November 30, 2018 after receiving orders from the same Gun D to “the Livestock Construction Corporation”, and is a person who controls and supervises the safety of employees under his/her control at the construction site.
The business owner shall take measures necessary for the prevention of danger at a place where workers might fall down at work.
On October 10, 2018, the Defendant: (a) had the Victim F (hereinafter referred to as “victim”) (hereinafter referred to as “victim”) set up a stable pole at the construction site of the said stable and had the Victim F (hereinafter referred to as “victim”) use the pipe to connect the pole on the pole.
The above place is at the risk of falling by the worker at a height of about 3.15 meters. As such, the defendant who ordered the above work was obliged to pay safety caps and safety belts to the victim, and to prevent the fall risk of the worker by installing safety risks.
Nevertheless, the Defendant neglected this and failed to install the safety equipment at all despite the fact that the victim was engaged in melting work at a height of about 3.15 meters, and caused the victim to fall below the lower level.
As a result, the Defendant did not take preventive measures at a place at which workers might fall down, and at the same time caused the death of the victim from the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, G, H, and I;
1. A death certificate or construction contract;
1. A report on occurrence of a serious accident;
1. Application of Acts and subordinate statutes to report internal history;
1. Relevant Articles 66-2 and 23 (3) of the Occupational Safety and Health Act (the occupation of death due to lack of industrial safety measures) concerning criminal facts, and the Criminal Act.