The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant is a personal business owner who runs a tent production and installation business in the name of Ulsan-gu B, Ulsan-gu, and is a person in charge of safety and health of his/her employees. The Defendant was ordered by the Ulsan-gu, Inc. Eulsan Center in Ulsan-gu to remove and replace a 17 million won of the construction amount from the Ulsan-gu, Seoul-gu, Seoul-do, to perform construction works during the construction period from January 24, 2018 to January 31, 2018.

On January 30, 2018, the Defendant instructed four workers, including the Victim F (Age 49), to remove a tent with a height of 8.3m high.

As above, the business owner has the duty to take safety measures to prevent hazards, such as installing a light board of at least 30 centimeters in width or using a safety net, and such duty to take safety measures as well as duty to take safety measures to take such measures as are necessary for preventing hazards, in a case where the risk of workers is likely to occur, such as an omission in the work on the roof covering a dangerous material such as asbestos slate, line, etc. on the roof, which is a cover of robbery.

Nevertheless, the Defendant did not install a light board and a safety watch without paying a safety cap and safety belt to the employees.

Ultimately, the Defendant failed to perform the duty to take safety measures as above and neglected the duty to take occupational care, and caused the victim to perform the duty to remove a tent on the roof of the Eulsan Center Gdong warehouse in Ulsan Center, Inc., and fell on the ground, thereby causing the death of two parts due to damage, etc.

2. Determination

A. The facts charged in violation of the Occupational Safety and Health Act are workers of the removal and replacement of the instant tent (hereinafter “instant construction”).