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Defendants shall be punished by a fine of five million won.
Defendant
A, B, and C fail to pay the above fine.
Reasons
Punishment of the crime
Defendant
D Co., Ltd. is a person who runs a construction business with the location of a place of business in the building E and six floors in Seongbuk-gu, Sungnam-si, and Defendant C is a field manager of Defendant D (hereinafter “D”), Defendant B is a person in charge of safety management, and Defendant A is a person in charge of safety management.
1. On September 14, 2018, Defendant A’s occupational injury, death, etc. was caused by the operation of the H excavation search machine at the “G main construction site” site located in the G main construction site located in Jinjin-si, thereby proceeding backing work after cutting the ground and laying pipes.
Since there are frequent passage of other workers working at the above site, there was a duty of care to prevent accidents by ascertaining accurately the four-way monitors attached to the scacker and whether there is a workman, and by safely checking whether there is any workman, the defendant engaged in driving of the scacker.
Nevertheless, the defendant did not find out the victim I (year 57) who was in motion to conduct cleaning work in the rear part of the above excavation search season due to negligence after the aftermath of the period, and had the victim die at the seat, i.e., by shocking the head of the victim with the rear wheels of the above excavation search season.
Accordingly, the Defendant caused the death of the victim by occupational negligence above.
2. Where an employer of occupational negligence, death, violation of the Occupational Safety and Health Act, and occupational and practical death of Defendant C is engaged in the work of using construction machinery for the vehicle system, he/she shall conduct a prior investigation on the topography, ground-bed and ground-story conditions, etc. of the workplace according to the relevant work and record and preserve the results thereof in order to prevent any danger to workers, and shall prepare a work plan which includes safety measures to prevent the danger of fall, fall, electric shock, narrowness and collapse, taking into account the results of the investigation, and shall conduct the work in accordance with the plan, and the vehicle system in operation