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[Defendant A] The defendant A shall be punished by imprisonment for ten months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person in charge of safety and health management as the site manager at the D’s “D” site (hereinafter “instant construction site”) located in Pyeongtaek-si C, and Defendant B is a business owner who, around February 18, 2002, was established for the purpose of gas facility construction business, etc. with an office located in Pyeongtaek-si and five floors, and received from FF Co., Ltd. for total amount of KRW 2.814 billion from June 14, 2017 to February 28, 2019.
1. Although Defendant A has to comply with the standard of 1:0.5 to 1:1 in the case of excavating the ground, he/she has to comply with the excavation hole standard (Article 338(1) of the Regulations on Industrial Safety and Health) (Article 338(1) of the Rules on Industrial Safety and Health). (2) In the case of excavating the ground where the height of the excavated area is not less than 2 meters, he/she has to conduct a prior investigation on the topography, ground level, and ground level of the relevant work in order to prevent danger to workers, and record and keep the result thereof; (3) he/she has to prepare a work plan in consideration of the results of the investigation and have the work conducted in accordance with the plan (Article 38(1) of the Regulations on Industrial Safety and Health). However, he/she has not prepared a work plan in advance on the ground level, etc. (Article 38(1) of the Regulations on Industrial Safety and Health).
The Defendant, as a site manager in charge of the construction site of this case, shall observe excavation areas to prevent the collapse of earth and sand at the time of ground excavation works, and if he/she fails to reach 1:0.5.~1:1, he/she shall install collapse prevention devices to prevent the collapse, and workers shall be promptly in preparation for the collapse of earth and sand.