A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a business owner who implements a remodeling project for detached houses owned by D in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

On October 27, 2016, the Defendant instructed the victim E (57 tax) (the victim) (the victim) to perform the work of dismantling a fluorial boom installed in concrete stairs at the above construction site at the above construction site.

At the time, the defendant is the business owner who employs the victim and is engaged in the overall affairs of the safety and health of the above construction, and when he assembles a fluorium, he/she shall review the structure, prepare assembly drawings and assemble it according to assembly level, and when he/she performs concrete-type snow work, he/she has a duty of care to take necessary measures to prevent the danger in the place where soil and sand, structures, etc. are likely to collapse during the work, such as complying with the life period specified in the design drawings and specifications.

Nevertheless, the Defendant did not review the structure at the time of the flusium assembly or prepare assembly drawings, and did not take any measures to prevent the collapse of concrete stairs, such as failing to comply with the period of life of the two-way concrete, and caused the collapse of concrete stairs during the work, thereby covering the victim’s plos and legs.

Accordingly, the Defendant did not take measures to prevent industrial accidents as above, and caused the death of the victim by occupational negligence at G hospitals located in F in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-do, Seoul Special Metropolitan City around 16:23 of the same day.

Summary of Evidence

1. The defendant's legal statement (the fifth trial date);

1. Legal statement of the witness H;

1. A report on internal investigation by the National Institute of Scientific Investigation;

1. A corpse inspection report, a written appraisal of legal stability, and a written appraisal of autopsy;

1. Application of Acts and subordinate statutes on site photographs and examinations at the time of appraisal;

1. Article 66-2, Article 23 (3) of the relevant Act on the Safety and Health of Industries and Article 268 of the Criminal Act concerning criminal facts (the point where safety measures are not taken) and Article 268 of the Criminal Act;

1. The Commercial Concurrent Crimes Act.