A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

When the Defendant installs a temporary passage and a rail in accordance with the Rules on Industrial Safety and Health when he/she takes overall control of the new construction works in Gangwon-gun B, he/she shall install the temporary passage and a rail in compliance with the rules on the standards of occupational safety and health, and shall take measures necessary to prevent any danger in the event of a place where a worker might fall in the course of his/her work, such as providing protective outfits meeting the working conditions, where soil and sand, structures, etc. might collapse, where sand and structures might fall, where objects might fall or come to fall, or where other danger may occur due to a natural disaster in the course of his/her work, and he/she has a duty of care to prevent any accident by frequently inspecting the condition of wearing safety equipment, facilities, etc. of workers.

Nevertheless, at around 15:48 on May 14, 2016, the Defendant neglected this and caused the death of the victim of the victim D (50 years old) who did not wear safety caps at the scene of the said new C (hereinafter referred to as the “new C”), by means of a pipe pipe combining the steel pipes where safety rail is not installed for the purpose of breaking the roof, falling from approximately 3.42 meters away from the floor level on May 17, 2016, and caused the victim to die from the beginning medical center located in the Gangseo-gu Seoul Metropolitan City, Seocho-gu, Seoul Metropolitan Government, which is located in the 3rd Sink-si, which caused the death of the victim due to the fluoral brain damage.

Ultimately, the Defendant did not take necessary measures to prevent risks under the Industrial Safety and Health Act as above, resulting in the death of the victim by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report made by the police prepared to E, F, G, and H;

1. A report on the results of supervision and an opinion on investigation into serious accidents;

1. Application of death diagnosis certificates, on-site photographs-related Acts and subordinate statutes;

1. Article 66-2, Article 23 (3) of the relevant Act on the Safety and Health of Industries (the occupation of a worker due to the failure to take risk measures) concerning facts constituting an offense, and Article 268 of the Criminal Act (the occupation of a worker on duty and on duty);

1. The Commercial Concurrent Crimes Act.