A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, as the head of the field director of the Daejeon Seo-gu Seoul Special Metropolitan City "D Maintenance Work", is a person in charge of safety and health management who is substantially responsible for the safety and health of his/her employees.

The business owner shall prohibit workers, other than the workers concerned, from entering the work site, such as setting up a watch at the work site or the place where the workers concerned are engaged in quarrying work at a place where the workers might suffer danger by falling, or earth and stones, which might cause danger to workers, far away from the work site.

Nevertheless, on May 12, 2013, the court failed to take measures to prohibit a person, other than the relevant workers, from entering into the area, while requiring the driver E of the excavating machine leased on the sidewalk below the place of excavation in the construction site, to perform an excavation work for underground drainage pipes.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of witnesses E and F in the third protocol of the trial;

1. Determination as to the defendant's assertion of photograph (the investigative record 30 pages, 58 pages)

1. The construction site of this case claimed by the Defendant was a mountain channel where multiple mountain visitors frequent. The width of the construction site was narrow so that it was impossible for them to access a mountain room, and the project owner is recommended to the Jung-gu Office as an ordering person, by allowing them to make it impossible to enter and leave a mountain room, and a civil petition is likely to occur if it is prohibited by the Jung-gu Office from entering and leaving a mountain room. Accordingly, the Defendant suspended work and led them safely when there is a mountain among them by allocating signal numbers.

Therefore, the illegality of the defendant's act without installing a protective measure is excluded by the public necessity.

2. According to the judgment, the construction site of this case is at the place where workers might fall down, earth and sand, and structures might collapse, and objects are likely to collapse.