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1. Defendant A shall be punished by imprisonment without prison labor for four months, by imprisonment for six months, and by a fine of five million won, respectively.
2...
Reasons
Punishment of the crime
1. Defendant B and Defendant A’s joint crime is a driving officer in charge of safety and health management who manages overall matters concerning the safety and health of employees belonging to H’s interest at the site of Gangseo-gu, Busan, by being awarded a contract for the electrical fire-fighting and communications construction work at KRW 951,50,000 among the New Construction Work (Weari, Dong, guard room) on June 17, 2015. Defendant B, who is a worker of the J operated by the I, is a driver in charge of the safety and health management of employees belonging to H’s interest at the site of Gangseo-gu, Busan, and Defendant A is a driver in charge of the operation of the K-type truck at the site of the construction work
Defendant
B around 13:00 on July 14, 2015, around 13:00, at the construction site of the new construction site of the F factory of the J, the Defendant A had a person working for the J, who was in charge of the work at the construction site of the new construction site of the F factory of the H, and had the victim L (49 years old) and the victim M (54 years old) board the work unit attached to the above Cre, and had the person working for H and the victim M (54 years old) work to connect and install the pipes, distribution lines of the fire reduction devices to the upper part of the factory at a height of about 9 meters.
In such cases, Defendant B, a person in charge of safety and health management of the above work, has a duty of care to thoroughly examine whether the safety rules, such as the details of the work, the chain of command, the method of signal to contact, and other matters necessary to prevent industrial accidents caused by the operation of the pertinent machinery, etc., are observed, and to prevent industrial accidents caused by fall, Defendant B, a person in charge of safety and health management of the above work, has a duty of care to prevent his/her workers from getting on board the said crane, and in response, Defendant A had a duty of care to take safety measures, such as concluding a fixed pins with the connected mon so that the work cost is not removed from the support unit.
Nevertheless, the Defendants are not guilty.