Defendant shall be punished by a fine of KRW 3,000,000.

To order the defendant to pay an amount equivalent to the above fine.

Punishment of the crime

The defendant is a legal entity owner established for the purpose of manufacturing business, etc.

Where a business owner engages in dismantling a building, etc., he/she shall prepare a work plan containing the method of cancellation, the order of cancellation, the drawings, etc., in accordance with such plan, and where it is impracticable for workers to install a work plate or to install a work marker at a place where the workers might fall or fall, he/she shall require workers to wear a safety belt, and where workers are engaged in any work at the risk of fall or fall, he/she shall require workers to wear a safety cap.

Nevertheless, as an employee of the defendant, B, who has overall control over the work direction and overall safety, etc. of the workers belonging to the defendant, ordered the work of dismantling the sand screening machine by employing four workers at the workplace located in the Naman-gun, Nam-gun, Seoul on November 7, 2013 in relation to the defendant's work, he felled from approximately 3 meters high from the pipes of the pipes connected to the mobile-type pipe and caused death while he was engaged in the work of separating the pipes of the transmission pipe by allowing workers D(56 years old) to perform the work without preparing the decommissioning work plan and without paying the safety stand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate for D;

1. Application of Acts and subordinate statutes to written opinion on accident investigation;

1. Articles 71, 66-2, 23 (2) and (3) (the occupation of death of a worker due to a violation of the duty to take safety measures) of the relevant Act on the Safety and Health of Industries, Articles 71, 67 subparagraph 1, 23 (2), and 23 (3) of the Industrial Safety and Health Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;