Defendants not guilty

1. The summary of the facts charged by Defendant B Co., Ltd. (hereinafter “B”) is awarded a subcontract from C to “D”, and the same year from April 28, 2017.

7.2. It is a business owner that has been executed up to 7.

Defendant

A is the Chairperson of B, and is the person in charge of overall management and supervision over the safety and health of workers for B at the construction site.

B During the foregoing construction work, B subcontracted E (hereinafter “E”) to F Co., Ltd. (hereinafter “F”).

A business owner who operates a business subject to a contract by separating part of the business shall take the following measures to prevent industrial accidents as prescribed by Ordinance of the Ministry of Labor when a person employed by the contractor engages in work using the loading and unloading transport machinery on the same vehicle at the same place:

(1) A work plan which includes measures for the prevention of danger, such as fall, falling, falling, and collapse, shall be prepared, which shall be conducted in accordance with such plan, and the details thereof shall be notified to the relevant worker.

(2) A work commander shall be designated to direct work according to the work plan.

(3) If a person who is assigned a conductor or an guide fails to induce the loading and unloading of vehicles, he/she shall not allow workers to enter a place where it is likely to be in contact with the loading and unloading transport machinery of the vehicle system and thus may cause danger.

F Workers G entered the construction site of this case H on June 1, 2017 and died on the 1t truck, which is the truck transporting and unloading machine.

The Defendants did not take such measures as prescribed by Ordinance of the Ministry of Labor to prevent industrial accidents.

2. The judgment of the court below is based on the premise that B’s “business owner” who has contracted part of the project did not have the obligation to take measures to prevent the industrial accidents of the contracted workers pursuant to Article 29 of the Industrial Safety and Health Act (Safety Measures at the time of the contracted business).