Ga. Violation of the Occupational Safety and Health Act, 2014 highest 3912

(b) Occupational death.

1. A. (b) A (56 years, remaining) and other projects;

2. (a) B; and

A Representative Director

Kim Sung-ju (Lawsuits) and Kim Jong-Un (Trial)

April 29, 2015

Defendant A shall be punished by imprisonment with prison labor for six months.

Defendant B Co., Ltd. shall be punished by a fine of KRW 5,00,000.

Defendant B, Inc., ordered the provisional payment of the amount equivalent to the above fine.

Criminal History Office

Defendant A is a representative director of the building company B in Ulsan-gun, Ulsan-gun, ○○○○○, who is in charge of the site of the construction site of the building site of the ○○ Village. Defendant B building company is a corporation established for the purpose of construction business.

1. Defendant A

On August 2, 2014: around 30, the Defendant, at around 18:30, sent off the excavated part of the excavated part to install the pipe of wastewater near the entrance of the Seocho-gun, Ulsan-gun, for the purpose of installing the pipe of wastewater (around 4 meters in length, a point of 1.5 meters in width, and a point of 1.7 meters in depth).

Since the above excavated part is likely to be put into danger due to the collapse of the ground or the falling of soil and rocks, the defendant, who is a safety and health manager, has a duty of care to take measures necessary to prevent the danger, such as the snow boom of the ground, the installation of a protection net, the prohibition of workers' access, etc.

Nevertheless, the Defendant did not take measures to prevent the collapse of earth and sand near the construction site, such as the installation of a scenic hole, the installation of a protection net, prohibition of workers' access, etc., and let the above workers Kim ○○, an excavated part of the excavated part, which led to the above workers Kim ○, Kim ○, who was buried in the earth and sand and sent back to the hospital. However, on August 2, 2014, the Defendant died in the East River Hospital located in Ulsan-gu 239, Ulsan-gu, Ulsan-gu, 239.

Accordingly, the Defendant did not take necessary measures to prevent the collapse of earth and sand as above, and did not neglect his duty of care, and caused the death of the above worker Kim ○○ by occupational negligence.

2. Defendant B Co., Ltd.

At the same time and at the same place, A, an employee of the defendant, did not take necessary measures to prevent the above accident with respect to the duties of the defendant, thereby causing the above worker Kim ○ to die.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement on the new ○○, Gao○, Kim Jong-young, Gangnam-gu, Dolllle, this Dolle, and Dolle-gu;

1. A written autopsy report and a death diagnosis report;

1. Written opinion of investigation into serious accidents;

Application of Statutes

1. Relevant Articles of criminal facts;

Defendant A: Articles 71, 66-2, and 23(3) of the Occupational Safety and Health Act (the occupation of death of a worker due to a breach of duty to take safety measures) and Article 268 of the Criminal Act (the occupation of death by occupational negligence)

Defendant B Corporation: Articles 71, 66-2, and 23(3) of the Industrial Safety and Health Act

1. Competition;

Defendant A: Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Defendant A: Imprisonment Selection

1. Order of provisional payment;

Defendant B Corporation: Article 334(1) of the Criminal Procedure Act

The reason for sentencing (Defendant A)

As a result of the violation of safety measures and the result thereof, it is not agreed with the victim's bereaved family members, on the other hand, the confession is made and the industrial accident compensation is made, and the punishment shall be determined like the order taking into account the age of the defendant, character and conduct of the defendant and all other circumstances.

For the remaining judge