Text
Defendant
A 6 months of imprisonment, Defendant B 6 months of imprisonment without prison labor, Defendant C, Company D, and Company E, respectively.
Reasons
Punishment of the crime
Defendant
Co., Ltd. contracted the construction of G pigs located in Jindo-gun F Co., Ltd., and Defendant D Co., Ltd. contracted the construction of new housing from Defendant E Co., Ltd. by dividing it into concrete and non-fluoring construction of new housing.
Defendant
C is the head of the construction site and the person in charge of safety and health management of the Newly constructed construction, which belongs to Defendant E, and Defendant A is the representative director and the person in charge of safety management of the Newly constructed construction, and Defendant B is the person who belongs to Defendant H and is engaged in concrete pumps operation of the Newly constructed construction site.
1. Defendants A and B jointly committed a new construction site on March 24, 2018; Defendant A and the person in charge of safety control, who performed the said work as the representative director and the person in charge of safety control of the company D, instructed and supervised the said work; Defendant B operated a concrete pumps; Defendant I (55 years old) operated a concrete pumps, and the victim I (55 years old) operated a concrete pumps.
At the time, the construction site was in a state of ground subsidence due to rain, so in such a case, a field safety manager had joint duty of care to prevent the risks exceeding concrete pumps, such as investigating the topography and ground conditions of the workplace in advance, recording and preserving the results thereof, taking into account the results of the investigation, and taking appropriate measures to prevent the risk of exceeding concrete pumps, and the person engaged in concrete pumps operation also has a duty of care to prevent the risks exceeding concrete pumps, such as installing a work plate in consideration of the results of the investigation.
However, the Defendants neglected to take appropriate measures to prevent the transfer of concrete pumps by investigating the ground condition.