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Defendant
A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 5 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
1. Defendant A and Defendant B’s business injury and death and injury are the representatives of E located in Kimhae-si, who are engaged in wholesale and retail business of building materials, who have overall control over matters concerning safety and health of their employees. Defendant B is a person in charge of the work of loading and unloading materials and parking cars using electric cars to be a member of E, and Victim F(49) is a truck driver of H, a corporation, the head office of which is located in Gwangju Mine-gu.
E has purchased and supplied construction materials and dealt with high-weight construction materials, in particular, it has purchased construction materials and has been engaged in the work of loading and unloading construction materials using pre-fluence cars. In performing the above work, there was a risk that construction materials will fall and accidents may occur when the re-fluence is erroneously loaded on pre-fluence cars.
Therefore, Defendant A had a duty of care to prepare a work plan to prevent the risks of fall, etc. under the above work, and to place the work conductor to Defendant B to work in accordance with the work plan and the direction of the work conductor.
In addition, Defendant B had a duty of care to check whether there is a worker in the vicinity of the construction materials, when loading and unloading the construction materials loaded in the cargo vehicle due to the operation of the former vehicle, the construction materials in the part for which the building materials can be safely loaded at the place adjacent to the construction materials. In addition, Defendant B had a duty of care to check whether there is a worker in the vicinity of the construction materials.
Nevertheless, Defendant A was negligent in having Defendant B perform the work of loading and unloading construction materials without preparing a usual work plan and without having a work conductor, and Defendant B suffered damage from the above workplace around July 6, 2017.