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Defendant
B In April of the Treasury, Defendant C shall be punished by a fine of KRW 7,000,00, and Defendant D shall be punished by a fine of KRW 7,000,00.
Reasons
Punishment of the crime
1. Defendant B is a person employed by Defendant D as a contractual position, who is in charge of the field director of the third section of urban gas construction in G in the Chungcheongnam-gun Hong-gun F.
On October 29, 2012, the Defendant, at the construction site above 17:40 on October 29, 2012, performed an excavation work of approximately 1.1m in width, approximately 2.8m in depth, and performed an excavation work of gas pipeline reclamation and adjacent work of gas pipeline reclamation.
Since the above place is at a risk of collapseing and cutting off by earth and sand, a person who takes a work instruction as a site manager has a duty of care to ensure that earth and sand collapse is not collapsed by installing soil mounds, etc. in order to identify the depth of excavation at the site, the load of excavated earth and sand, and the damp state of earth and sand conducted at the site, etc. in the course of excavation work, and to ensure that the slope of earth and sand is so cut down so that earth and sand do not collapse. If it is difficult to comply with appropriate sounding devices, he/she has a duty of care to prevent collapse of earth and sand.
Nevertheless, by negligence, the Defendant neglected the above duty of care, caused the death of the victim who had been engaged in crowdfunding in the above excavation site to collapse, and caused the death in the site.
2. Defendant C is the representative director of D and the person in charge of safety management of the said construction, who is the business owner who received urban gas construction in Section 3 from H Co., Ltd. in the G in Hong-gun F, Chungcheongnam-gun.
When the business owner excavates the ground, etc., he/she shall take appropriate measures to prevent the collapse of the slope surface, such as cutting down a damp-le fluoring 1:1.5, installing soil mounds, etc.
Nevertheless, the defendant, at the time and place mentioned in the above Paragraph 1, is performing the same construction work as described in the above Paragraph 1, and the business owner complies with appropriate directions to prevent the collapse of the excavated area or take safety measures to prevent the collapse of the slope such as soil mounds.