Defendants are not guilty.

1. The Defendants B Co., Ltd. (hereinafter referred to as the “Defendant B”) as a corporation established for the purpose of the construction machinery leasing business, etc., and the business owner who contracted the “F New Construction Site” (hereinafter referred to as the “instant construction”) to “G” and Defendant B, as the representative director of the instant construction site, has overall control over the safety and health of workers at the construction site of this case.

Criminal facts

Where a project is executed in the same place because part of a project is made under a contract for a project to be performed under a contract, or is made into a specialized construction project, the owner of a project shall take measures to prevent industrial accidents if his/her workers employed by the contractor work in a place where the risk of industrial accidents exists.

Nevertheless, at around 11:30 on April 14, 2013, Defendant A did not take safety measures, such as putting a part of the arms protruding to a delivery of freight in Jibre type cream) in the assembly work at the site of the instant construction work, and having Defendant A do not take such measures as are necessary to prevent any danger to workers in relation to the Defendant Company’s work. Defendant B did not take such measures as are necessary for Defendant A to prevent any danger to workers.

2. Determination:

(a) Where a business owner prescribed by Presidential Decree among projects conducted in the same place as a person in general charge of safety and health pursuant to Article 18 (1) of the Regulations on Occupational Safety and Health, he/she shall designate a person in charge of general charge of safety and health as a person in charge of general charge of safety and health and workers employed by himself/herself as the contractor (including the subcontractor; hereinafter the same shall apply)