A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, a business owner engaged in sprinkling business with the trade name “C” in Gyeongnam-gun, Changnam-gun, employed three workers, including victims D(59 years of age), and had them work for sprinkling in forest land E in the same Gun E.

In order to prevent the danger of workers, the business operator shall conduct a prior investigation into the relevant work, the topography, ground and stratos, etc. in the workplace, prepare a work plan, and conduct work in accordance with the plan. In order to prevent heavy objects, such as timber, etc., from falling on the slope from the slope, he/she shall regulate the movement and movement of heavy objects by using the stop string, motos, etc., and restrict the entry of workers under the slope of the direction where heavy objects are cut off, and further, he/she shall require workers to wear a safety cap, as there is a risk that the heavy timber, etc., might fall on the slope of the direction where heavy objects are cut.

Nevertheless, on March 24, 2018, the Defendant neglected the above duty to take safety measures, caused the victim, who had been engaged in growing trees in the forests and fields located in Chungcheongnam-gun, Chungcheongnam-gun on March 13:15, 2018, to be faced with the victim’s head, etc. while the timber he was laid down and accumulated by cutting down the trees, and caused the victim to die with the victim’s head, etc. on the same day. At around 15:00, the Defendant caused the victim to die due to cerebral brain damage at the Gyeong University Hospital located in 79, Gangnam-gu, Jinnam-si, Chungcheongnam-si

Accordingly, the Defendant caused the death of the victim by occupational negligence, and at the same time caused the death of the victim, who is an employee by negligence not taking safety measures necessary to prevent industrial accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F, G, H and I;

1. A letter of name of disaster investigation;

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

1. Article 268 of the Criminal Act applicable to criminal facts and the former Occupational Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019).