Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Punishment of the crime

Defendant

A is a technical director affiliated with Defendant B, who performs safety and health affairs by taking overall control of the affairs of “D” as a technical director belonging to Defendant B, and Defendant B is a corporation with the purpose of “water construction business” in Gangnam-si, Gangnam-si.

1. Pursuant to the Rules on Industrial Safety and Health, where Defendant A conducts diving operations transmitting air by air compresseders or passive pumps, or diving operations being carried out in compressed air through compressed air, the business owner shall have two diving workers assigned one person in charge of contact with diving workers (hereinafter referred to as “supervisor”) respectively, and shall have the supervisor take necessary measures to prevent the danger if there is a concern that the danger may occur.

Nevertheless, at around 14:20 on November 17, 2016, the Defendant had two or more diving workers do diving work at C work site and did not place a supervisor separately.

2. Defendant B Co., Ltd. (hereinafter “Defendant Company”) committed the act of violation as described in the preceding paragraph in relation to the Defendant’s business at the time and place specified in the preceding paragraph.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness F and G;

1. The written opinion on the accident investigation (the Defendants and the defense counsel may confirm the diving and diving work at the site, even though excluding the underwater workers at the time of the occurrence of the case, and thus, there was a supervisor in fact.

The argument is asserted.

In light of the above evidence, it can be acknowledged that 3 potential investigation was under the atmosphere, except 2 persons actually engaged in underwater work at the site of this case, and that 3 potential investigation was under the atmosphere.

However, Article 547(1) of the Rules on the Standards of Industrial Safety and Health provides that "the business owner shall carry out the business with the surface supply system."