The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant neglected to take measures to prevent risks that may arise during the course of work as an employer, resulting in a serious result of the death of an employee, the number of workers who were not paid wages from the Defendant reaches 29, and the number of unpaid wages exceeds KRW 100 million, etc. are disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the bereaved family members of the victim who died during the construction; (c) the Defendant agreed to pay a separate agreement in addition to industrial accident compensation; (d) the submission of the materials showing that considerable portion of the unpaid wages were paid to the workers; and (e) the equity with criminal punishment for other crimes similar to the instant crime; and (e) the Defendant’s age, character and conduct, environment; (e) the motive and circumstance of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 268 of the Criminal Act, Article 66-2, Article 23 (2) and (3) of the Occupational Safety and Health Act (the death of a worker due to the failure to take safety measures), Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Code of Trade and Death by occupational negligence.