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Defendant
A and B Co., Ltd. shall be punished by a fine of KRW 5 million, Defendant C and D Co., Ltd. by a fine of KRW 3 million.
Reasons
Punishment of the crime
1. Defendant A is a person who is responsible for the safety and health of his employees, as a site manager of a stock company B that performs a construction work for maintaining and repairing facilities, which is part of the “H improvement project” from D Co., Ltd.
On October 30, 2017, the Defendant, in the vicinity of the concrete block fence (breadth 4.6m x vertical length 1.6m x thickness 0.2m) located in Jongno-gu Seoul, Jongno-gu, Seoul, had the victim J (70 o), the victim K (53 o), etc. conduct the removal work, excavation work, excavation work, and excavation of the ground of the lower part of the excavated water tank in order to install a drainage pipe together with the clibing driver.
At the same time, there was a risk of collapse, such as crackation, etc., in the fence of concrete block by conducting the work of removing and excavating concrete block near the wall, and thus, the risk to workers should be removed by assessing safety, such as safety inspection. Since there was a risk that workers might suffer danger due to excavation work at the place close to the construction of concrete walls, etc., and thus, there was a duty of care to take necessary measures to prevent the relevant danger, such as reinforcement of the relevant construction materials, and safety measures under the Industrial Safety and Health Act.
Nevertheless, the Defendant did not take measures to prevent risks, such as installing a support stand to the concrete block fence without conducting safety evaluation, such as safety diagnosis, and without having installed a support stand in the concrete block fence, and had the victim J, K, etc. conduct the smooth simplification and rearrangement of the ground behind the excavation, and caused the victim J to die by covering the wall of the excavated concrete block with the victim J and K on October 30, 2017. In addition, the Defendant suffered approximately three weeks of treatment from the victim K, an open top of kne, etc.
In the end, it is eventually.