On September 30, 2010, a more than 50-meter high supporting steel and concrete section block suddenly collapsed while conducting concrete grouting operation of National Highway No. 6 Beishan Interchange westbound carriageway ramp project, resulted in an unfortunate accident of seven deaths and three injuries, the deaths include six illegally hired foreign workers from Indonesia and one local worker. In this case the civil works tendering system is innately unhealthy, in order to maximize profit contractors generally subcontracting works multiple times, so under multiple exploitations the ultimate small contractors are forced to hire illegal foreign workers to cut cost; and materials and construction methods used in all parts of works are in minimum cost since the lowest tender is commonly adopted in the procurements, and works are often under rush status, plus labor inspection authorities are normally could do nothing, these structural factors are main causes why work safety accidents can not be reduced in construction industry. In addition, deaths in this case include six illegally hired foreign workers from Indonesia, also highlighted the issue of the protection of human rights of foreign workers. It has had a long time that, “Labor Criminal Code” does not catch much attention of academic circles in our country, and the exploration in this field is also inadequate in literature; compared to Germany, they already had concepts and discussions of “Labor Criminal Code” as early as in the Weimar Republic era. The protected targets of “Labor Criminal Code” are the wide labor workers in bottom layer of our society, so it can most embody the core value of protecting human rights of Criminal Code, and is really worthy of research involvement of Criminal Code academic circles. Based on these, this study attempted to sort out the current positioning of Labor Criminal Code (II), referenced to the concept of German Labor Criminal Code (H), and in order to focus on related problems this study started from the aforementioned case to raise related issues (W), and finally proposed appropriate recommendations for the positioning of our country’s Labor Criminal Code.