A shall be punished by imprisonment without prison labor for ten months, and by a fine of five million won, respectively.

Defendant

B The above fine shall not be paid.

Defendant

A is a person who works as an e-a-explor of a supply-demander Company C, and the defendant B is a safety manager of a company D, and is a person who is engaged in the work instruction and work site safety supervision for the employees of the company.

Defendant

A around 09:10 on January 19, 2016, at the C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C, in accordance with Defendant B’s work instructions, and 6 workers including victims G (the age of 57) were selected.

Defendant

B In the course of performing a work by using an excavated machine, he/she shall prepare a work plan for safety measures, including the route of operation and the method of work, so as to prevent risks, such as the fall, fall, electric level, narrowness, collapse, etc. according to the relevant work, and perform the work in accordance with the work plan. When he/she engages in a work by using the excavated machine unless he/she leads an excavated machine by posting the guiding person, he/she has a duty of occupational care that does not allow workers to enter a place where the excavated machine is in contact with the excavated machine and is likely to pose a risk to workers, and the defendant A has a duty of care to check whether there is a person within the radius of the excavation work by properly examining the front side and the left side in the course

Nevertheless, Defendant B did not prepare a work plan for safety measures, including operational routes and work methods, and did not assign a guide, and had Defendant A drive the above excavated machine and let the excavated machine enter the site of the work site where the excavated machine is in operation without placing the guide to the victim employed by D Co., Ltd., and Defendant A did not neglect the above duty of care and caused the excavated machine to be excavated.