Text
Defendant
A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is the representative of the Corporation B in Daegu Northern-gu, which is responsible for the management of safety and health of workers at the construction site of the new construction site of the Daegu-gu D neighborhood living facilities, and Defendant B is a corporation established for the purpose of construction business.
1. At around 16:00 on July 26, 2018, Defendant A had the victim E (year 48) work at the first floor of the construction site at the construction site at the time of the entry into force of the breadth warning. As such, Defendant A, a health management manager, had a duty of care to provide the extended place that can be used for the break time when performing outdoor work at an outdoor place directly exposed to the breadth.
Nevertheless, the Defendant neglected this and did not provide a place for the extension of time to rest, and instead ordered the victim to work as it was, and caused the victim to use it as a heat disease at least 16:48 on the same day.
Accordingly, the Defendant caused the death of the victim due to the above occupational negligence and at the same time caused the death of the E, a worker, by failing to implement the health measures required under the Occupational Safety and Health Act.
2. Defendant B, at the time and place specified in paragraph (1), the Defendant, a representative of the Defendant, did not take health measures necessary to prevent industrial accidents in relation to the Defendant’s business and caused the death of E, a worker.
Summary of Evidence
1. Defendants’ legal statement
1. Statement of the police statement of F, G, H, and I;
1. Reporting on occurrence of serious disasters (construction), monitoring and inspection marks, and reporting on the results of heat assessment and measurement;
1. Application of Acts and subordinate statutes to death certificates and autopsy and appraisal certificates;
1. Article applicable to criminal facts;
A. Defendant A: Article 268 of the Criminal Act, Articles 71 and 66-2 of the Occupational Safety and Health Act.