around 14:10 on April 12, 2017, the Defendant, at the site of the “Fump D Construction Work” located in C, performed the work of moving wastes into a dump truck in front of the excavated machine.

Since there are concerns about accidents caused by workers around the excavation period during the process of discharging the above wastes using the excavated machine, the defendant has a duty of care to check whether workers are in the vicinity of the excavated machine and to take necessary measures such as leaving workers to a safe place in order to prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the death of the victim E (53) who was found to have been excavated after the excavation while the excavation was conducted, and caused the victim to have his dump truck loaded at the place.

Accordingly, the defendant caused the death of the victim by occupational negligence.

2. Determination

(a) The driver of an excavated machine shall fulfill his/her duty of care to the extent that he/she could avoid the result of the excavation in preparation for an ordinary predicted situation in the course of performing the work using the excavated machine, and shall not be obliged to perform the duty of care to prepare for the occurrence of an unexpected event that is ordinarily unpredictable.

B. The record reveals the following facts.

1) The victim was awarded a subcontract for the removal of the existing building (except for asbestos dismantling and removal works; hereinafter “the instant construction”) from the new CD-style comprehensive construction of the company with limited liability, which is the supply of and demand for the new construction of the D shop at the time of women.

2) The victims spread the construction wastes from the removal of existing buildings to the Defendant.