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 shall operate a personal stable in B at the time of residence, and from March 14, 2018 to the same year with four regular workers.

4. up to 3. A business owner who performs a roof replacement work at the above stable shall be a person in charge of safety management.

The business owner shall take measures necessary for the prevention of hazards at a place where workers might fall down at work.

As a part of this, a business owner has a duty of care to prevent accidents in advance by taking necessary measures to prevent hazards, such as installing a light board with a width of at least 30 centimeters, or driving a safety watch, in cases where workers are likely to be at risk, such as falling off on the roof covering with weak materials such as asbestos slate and lines.

Nevertheless, at around 10:20 on March 23, 2018, the Defendant, while performing the work of replacing the lines above the roof at the site of the said stable construction, did not take necessary measures to prevent the above falling risk, and by negligence, the victim C (the aged 65) caused the damage of the lines, thereby falling off to the concrete floor below 5 meters.

As a result, the Defendant caused the death of the victim due to cerebrovascular, etc. at the E Hospital located in Seo-gu Daejeon, Daejeon, where the Defendant was under medical treatment at around 19:12 on April 15, 2018 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant Articles 66-2, 23 (3) of the Occupational Safety and Health Act (the occupation of a worker's death due to a violation of the duty to take safety measures) and 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The defendant who applied the sentencing of Article 334(1) of the Criminal Procedure Act to the provisional payment order reflects his fault.