2019 Highest 3023(a) Occupational Death, etc.

(b) Violation of Occupational Safety and Health Act;

1.(a)(b) ○○ (73-1) and corporate representative director;

Housing Daegu

Reference domicile Gyeong Young-gu District

2. A industry;

Daegu at its location

Representative Director Ma○○

Man-hee (Public prosecution) and Man-Ba (public trial)

August 29, 2019

Defendant ○○ shall be punished by imprisonment with prison labor for six months, and by a fine of KRW 3,00,000,000, respectively. However, for two years from the date this judgment became final and conclusive, the execution of the above sentence against Defendant 00 shall be suspended.

Criminal History Office

Defendant ○○ is the representative of the A industry in Daegu and is responsible for managing the safety and health of workers at the construction site of the Daegu neighborhood living facilities, and Defendant A industry is a corporation established for the purpose of construction business.

1. Defendant leap○○

At around 16:00 on July 26, 2018, the Defendant had the victim ○○ (the age of 48) ○○○ (the age of 48) on the first floor of the construction site at the above site to perform the work for the string-down of the string-off display at an outdoor construction site, which is an outdoor place. As such, the Defendant, who is the health manager, had a duty of care to provide the extended place that can be used for the break time when performing the work in an outdoor place directly exposed

Nevertheless, the Defendant neglected this and did not provide a place to be used at break time, and instead ordered the victim to work as it was, and caused the victim to die at the scene of 16:48 on the same day, by allowing the victim who worked under the condition of at least 42 degrees in the temperature of the site work site to be used as hot-pressure disease. Accordingly, the Defendant caused the death of the victim by negligence in the course of performing the above duties and did not implement health measures required under the Industrial Safety and Health Act, thereby causing the death of 00, a worker.

2. Defendant A industry

The Defendant did not take health measures necessary to prevent industrial accidents in relation to the Defendant’s business at the time and place specified in paragraph (1), and caused the Defendant’s death.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the Korea Police Agency;

1. Report on occurrence of serious disasters (construction), supervision and inspection marks, and report on the results of the evaluation and measurement of greenhouse heat, and the application of Acts and subordinate statutes;

1. Article applicable to criminal facts;

A. Defendant ○○○: Article 268 of the Criminal Act, Articles 71, 66-2, and 24(1) of the Industrial Safety and Health Act

(b) Industry A: Articles 71, 66-2 and 24 (1) of the Industrial Safety and Health Act;

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Defendant leap00)

1. Selection of punishment: Selection of imprisonment with prison labor to Defendant ○○;

1. Suspension of execution;

On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as per Disposition.

The circumstances favorable to ○ : The defendants' criminal facts are based on the criminal facts and the mistakes are divided. The circumstances under which the victim's bereaved family members and the victim's bereaved family members agree smoothly: Defendant leap○○ has the same force twice.

Judges Kim Gin-han