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Defendant
A Imprisonment for 6 months, Defendant B, and Company C are punished by a fine of 2 million won, and Defendant D is punished by a fine of 3 million won.
Reasons
Punishment of the crime
1. The Defendants Co., Ltd. (hereinafter “C”) is the business owner performing the “G” at a construction site located on the right-hand side of the F periodical located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si. The Defendant A is the operator of the private construction chain, the “H” of the said construction work, and the “construction of facilities during the said construction work” of the said construction work at KRW 50,000,000 of the construction cost, and the Defendant B is the business owner, the business owner, and the business owner, the business owner, who performs the construction work at the said construction site, and the person who is responsible for the safety and health management for preventing any industrial accidents of all workers who work at the said construction site.
2. On August 2, 2017, Defendant D violated the Industrial Safety and Health Act by Defendant D’s occupational injury and death, and Defendant D’s violation of the Industrial Safety and Health Act: (a) performed an operation to load a set file by driving an Ik-type vehicle at the above construction site; and (b) the victim J(63) performed an operation to induce Defendant D to load a set file that Defendant D d wn on the carrying onto a car with a car with a seal.
At the time, Defendant D was engaged in the operation of a set file by driving a camerar, so there was a risk that the injured party who is engaged in the leading operation would be congested between the set file and the loading box in case of performing such operation.
Therefore, Defendant B, a general manager of safety and health in C, has a duty of care to prepare safety measures to prevent risks to workers, such as fall, fall, electric streaming, narrowing, collapse, etc. and work plans including operating routes and work methods of loading and unloading, loading and unloading machinery, etc. in order to prevent risks to workers, and to ensure that the work should be performed in accordance with the plan.
In addition, a contractor A shall take such measures when a person under his/her control works as above.