A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 17, 2020, the Defendant: (a) was engaged in construction business under the trade name of “C” in Chungcheongnam-gun, Chungcheongnam-gun; and (b) was contracted with the construction of removal works for the “E” single-story buildings and warehouses in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do; and (c) was employed by the victim F ( South, 58 years old) on the same day.

In order to prevent industrial accidents, the Defendant is an engineer driving a victim’s interest flag, and the Defendant has a duty of care to prepare a work plan that includes the method of dismantling and the order of dismantling, a plan for disposal of dismantled water, the method of installing temporary facilities and protective facilities, etc., and a work plan that includes a work plan for dismantling work machinery, apparatus, etc., and to have him/her perform work in accordance with such plan. When performing work using a vehicle flag, he/she shall not place an guide and have workers enter a place where the vehicle flag is in danger of facing workers due to contact with the vehicle flag except in cases where he/she places the relevant vehicle flag and instructs workers to wear safety equipment.

Nevertheless, the Defendant neglected this and caused the victim to separate and transport removed wastes, etc. without any safety gear to be worn by the victim who failed to wear a safety gear without placing the guide. As such, the Defendant caused the victim, who was in the vicinity of the building, to collapsed with the brick gate (210cm in height, 15cm in thickness) while operating a excavating engine of G 14 tons and removing the roof of the place, and caused the victim, who was in the vicinity, to collapsed with the brick gate (210cm in height, 15cm in thickness).

Defendant 1 caused the death of the victim due to the above occupational negligence, and at the same time violated the duty of safety and health measures as the business owner.

Summary of Evidence

1. The Defendant’s legal statement H, I, J, and Police against A.