Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Punishment of the crime

1. Defendant A is the representative director of the Jung-gu Seoul Special Metropolitan City, Sung-gu B, Sung-gu, who is responsible for safety and health of his employees.

In cases where there is a concern over the risk to workers due to the collapse of the ground or the falling of soil and rocks in the excavation work, the business owner shall take measures necessary for the prevention of such danger, such as the installation of earth mounds, the installation of protective networks, the prohibition of workers' access, etc., in advance, and in cases where the soil mounds assembles earth mounds, he/she shall prepare an assembly plan in advance and assemble it according to such assembly plan.

Nevertheless, at around 24:00 on October 9, 2012, the Defendant did not take necessary measures to prevent the risk of ground collapse at the second construction site of the construction site of the construction site for the construction project for the second part of the sewage culvert rearrangement project of Yeongdeungpo-gu, Gyeonggi-gu, Gyeonggi-do, and dismantled prefabricated soil mounds without completing the excavation work.

2. Defendant B is a corporation established for the purpose of water supply and sewerage system construction business.

The defendant failed to take safety measures necessary to prevent danger to workers in relation to the defendant's business at the date and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to notify material (general) disasters;

1. Article 67 subparagraph 1 of the Occupational Safety and Health Act and Article 23 (3) of the same Act (Options of imprisonment): Defendant B stock company: Articles 71, 67 subparagraph 1, and 23 (3) of the same Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B stock company: Article 334 (1) of the Criminal Procedure Act;