업무상과실치사
[Defendant A] The defendant shall be punished by imprisonment without prison labor for ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Co. E and G Co., Ltd. were jointly awarded a contract for the “J Office Construction Work” located in Ulsan-gun, Ulsan-gun, for the construction amount of KRW 17,475,128,000, and C Co., Ltd. was awarded a subcontract for the said construction work site in the amount of KRW 2,475,000,000.
1. Defendant A, as a driver of a soft aircraft, worked to transport civil engineering works materials by using a soft machine at the above construction site after being employed by Defendant C.
On September 4, 2017, the Defendant operated K Excavation at the above construction site on September 4, 2017, thereby moving the sn beam, which is a material for civil engineering works.
As above, since there is a risk of accidents involving workers in the radius of work when using the vehicle-based construction machinery, there was a duty of care to prevent accidents by taking into account the topography of the workplace and the work contents of other workers in advance, and by taking into account the front, rear, and left and right of the workplace.
Nevertheless, the Defendant neglected this and did not discover the victim L (L and 49 years of age) who was moving for the operation of a vessel from the rear direction of the driver's seat while moving the sn beam in order to move the sn beam, and did not discover the victim's L (L and 49 years of age) and turned out the back into the back part of the sn beam, and tried the victim with the rear wheels.
Ultimately, the Defendant caused the death of the victim at the Ulsan University Hospital located in Ulsan-si, Ulsan-si, Seoul-si on the same day due to the above occupational negligence.
2. Defendant B was a field manager of safety and health at the construction site of C Co., Ltd.
Where work is conducted using construction machinery of the vehicle system, a prior investigation shall be conducted, such as topography, ground condition, etc. in the relevant workplace in order to prevent the danger of workers due to the fall of the relevant machinery, collapse of the ground, etc., and the results of the investigation shall be recorded and preserved.