B A Co., Ltd. is a juristic person operating mining business in the “D” located in Dacheon City, and E is a general manager of the above mining establishment, and a person in charge of powders control and security, powders and blasting safety, and the defendant is a safety manager of the above mining establishment, and F is a captain of the above mining establishment

1. On August 25, 2018, around 16:40 on August 25, 2018, the Defendant and E, E, and F’s occupational negligence and occupational injury, Defendant E, and F, were engaged in blasting work at the three lower parts of the above mining site.

In such cases, when a miner intends to blast powders, he/she shall confirm whether nearby workers have safely evacuated before ignitioning, and shall prevent other persons from approaching blasting points, and he/she has a duty of care to prevent any accident by making blasting directly by a powders, blasting safety supervisor, or a person in charge of powders control and security under the Mining Safety Act.

In addition, a person in charge of powders control and security and a blasting safety supervisor shall take overall control of matters concerning the overall handling of explosives, and keep, receive, transport, carry, and store explosives, and other matters concerning handling and blasting, and shall conduct direct inspections of explosives and ceilings before and after blasting, check whether workers are employed in the vicinity of blasting work as above, and shall blast them after taking necessary safety measures, and the safety manager shall give necessary instructions to the relevant powders, blasting safety supervisor and other mine workers.

Nevertheless, Defendant, E, and F neglected to take necessary safety measures at the blasting work site, and Party E, while staying in an office outside the mine pit in the above mining area, shall blasting the Defendant, without taking such safety measures or instructions as above at the site, instruct the Defendant to extinguish the Defendant directly to F in a place less than approximately 200 meters away from the above safety measures or directions.