C Imprisonment without prison labor shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for eight months, respectively.
However, as to the Defendants, this is against the Defendants.
Punishment of the crime
C as the site leader of "D", who is a landscaping company, is a person in charge of overall management of the Seongbuk-gu Seoul E site, and Defendant B is the head of the working group managing the above site in accordance with the direction of Defendant C, and Defendant A is a person who operates the above construction site.
around 15:00 on November 28, 2018, Defendants instructed Defendant C to the effect that, while performing civil engineering works, such as tree planting, etc. at the construction site of the above E, Defendant C, Defendant B, and Defendant B, in sequence, shifting approximately 5 meters of pine trees using the excavating machine to Defendant B.
In such cases, Defendant C and Defendant B had a duty of care to examine whether there is a risk factor in the situation of the relevant work, to place equipment safety guides in advance, and to prevent safety accidents by placing equipment safety guides. Defendant A had a duty of care to check whether there is a risk factor in the surrounding area while driving the digging pool, and to safely operate the digging range in accordance with the instructions of the equipment safety guide, and to cut off the moving path objects in the digging range, and to prevent accidents from occurring in advance.
Nevertheless, Defendants C and B neglected the above duty of care and did not place equipment safety guides in advance, and did not confirm that there are danger factors in the surrounding areas. Defendant A did not check that there are danger factors in the surrounding areas. Defendant A did not cut down pine trees, which are material objects to be moved in the locker, and did not cut off in the locker, and did not move pine trees to the head of the victim F.(49 years old) who performed the work under the direction of the equipment safety leader without the equipment safety leader’s direction.