Defendant shall be punished by a fine of KRW 8,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Punishment of the crime

Defendant

A is a corporation established for the purpose of civil engineering work, etc. in Thai City, A is a business owner who performs soil work at the site of "D" in Gyeongbuk-gun C in Thailand.

On February 5, 2013, the Defendant had E (the 46-year-old), the head of the above site at the construction site, carry out the work of organizing drainage and verifying the status of drainage from the lower part of the excavated site, which was cut down for temporary installation.

In conducting excavation work, a business owner shall require a supervisor to check whether or not there is any change in the place of work and its surrounding area, rupture, rupture, etc. before the commencement of the work in order to prevent any danger to workers caused by the falling of earth and stones, and shall take measures necessary to prevent such danger, such as the installation of earth mounds, installation of protective networks, prohibition of workers' access, etc.

Nevertheless, the defendant neglected to conduct a prior investigation on the place of work, and without taking measures to prevent the falling of soil and rock, such as a protective net, the above E has to conduct a drainage inspection.

On the same day, the defendant had the above E check a drainage route at the lower part of the excavation site of the above construction site at around 11:20 on the same day, and caused the death of the rocks from the site by facing the head from the upper part of the site.

As a result, the defendant did not take necessary measures to prevent hazards to workers in the course of excavating work and caused workers' death.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. The application of Acts and subordinate statutes concerning labor contracts, reports on occurrence of serious accidents, autopsy reports, construction contracts, written opinion of accident investigation, and written opinion;

1. Articles 71, 66-2, and 23 (2) of the Occupational Safety and Health Act concerning criminal facts;

1. The status of the Deceased for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which is the provisional payment order.