A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the business owner who performed landscaping transplantation (hereinafter “the instant construction”) at H in Seongbuk-gun H, Seongbuk-gun, and the network I (hereinafter “the network”) was working for the Defendant Co., Ltd. as a day-time employee at the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.). The Defendant Co., Ltd. was in charge of the management of the safety and health of its employees while substantially operating the Defendant Co., Ltd., and the Defendant G was in charge of the operation of the instant construction site, which is the construction machinery, by driving quipho type accelerators.

B. At around 17:15 on May 12, 2017, Defendant E, without preparing a vehicle-based construction machinery work plan at the construction site of this case, allowed Defendant G to use the vehicle-based construction machinery without a field supervisor. Defendant G used Jqui-type excavation searcher, a vehicle-based construction machinery, for the 4.5 tons of car spacks, and used spackers in the spackers, and did not confirm whether spackers were installed in the spacker, and even without concluding safety packs for the spacks, left from the spacker by cutting off the spacker without concluding a safety packer for the spacks prevention (hereinafter “instant accident”). The accident occurred that caused the death of the deceased, who carried the spacker, to shock the head part of the deceased (hereinafter “instant accident”).

C. The Deceased died due to the instant accident, and the Deceased is his heir, who is the Plaintiff A and his spouse, and the Plaintiff B and C.

In relation to the instant accident, Defendant E, F, and G were indicted, and the Daegu District Court’s branch branch of the Daegu District Court rendered, on June 21, 2018, six months of imprisonment and one year of suspended execution as to Defendant E, and two years of suspended execution as to Defendant G, respectively, due to the crime of occupational death and occupational injury, and the violation of the Occupational Safety and Health Act, and one year of suspended execution as to Defendant G. However, Defendant F is not acquitted to the purport that the status of the field supervisor of the instant construction is not recognized.