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

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

Punishment of the crime

The Defendant is a business owner of the construction business chain C, and a person in charge of safety and health affairs of his/her employees while performing new construction of multi-household housing located in Gangseo-gu Seoul Metropolitan Government D.

Defendant

On October 30, 2015, the victim E (52 years of age) who is a daily employed worker belonging to the headquarters was at the above construction site around 16:30 on October 30, 2015, and on the outer rain (18 meters high) installed on the 7th floor outer wall of the ground.

In such cases, the business owner has a duty of care to take measures necessary for the prevention of accidents, such as protecting safety risks and vertical fall telescopes, in a place where his/her employees might fall, and where it is difficult to install a rail, etc. or he/she is required to dismantle a temporary rail, etc. due to the necessity of his/her work, he/she shall install a safety telescope, and where it is difficult to install a safety telescope, he/she has a duty of care to take measures necessary for the prevention of accidents, such as requiring workers

Nevertheless, the Defendant neglected this and did not install a safety stop, a work stop, and a safety stop net on the 7th floor of the building without properly checking whether or not the workers wear a safety belt. While the victim was working on the outside non-way, he did not walk the safety belt and did not remove the string of the wall from the outside to the floor, the Defendant lost the center of the body and fell into the floor.

Ultimately, the Defendant violated the duty to take measures under the Occupational Safety and Health Act against the victim, who is an employee under his/her control, and at the same time, violated the duty of care in the course of performing duties, resulting in the death of the victim due to d

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. A disaster situation map and related photographs, field photographs, and copy of the business registration certificate; and