beta
Text
Defendant
A shall be punished by imprisonment for six months.
Defendant
B A corporation shall be punished by a fine of KRW 5,000,000.
Defendant .
Reasons
Punishment of the crime
Defendant
A is the representative director of B Co., Ltd. in Ulsan Metropolitan City, who is in charge of the site of the installation work at the D's house water supply site, and Defendant B Co., Ltd is a corporation established for construction business.
1. At around August 2, 2014, around 18:30, Defendant A, at the location of the installation works for the D home water pipes located in Ulsan-gun E, Ulsan-gun, Defendant A had workers F (ma, 49 years of age) cut off the excavated part of the ground to install sewage pipes near G entrance ( approximately 4 meters in length, approximately 1.5 meters in width, and approximately 1.7 meters in depth) for the installation of the water pipes near G entrance.
Since the above excavated part is likely to be in danger due to the collapse of the ground or the falling of soil and rocks, the defendant, who is a safety and health manager, has a duty of care to take measures necessary to prevent such danger, such as the installation of earth mounds, installation of protective networks, prohibition of workers' access, etc.
Nevertheless, the Defendant did not take measures to prevent collapse of earth and sand in the vicinity of the construction site, such as the installation of a scenic hole, installation of a protective net, prohibition of workers’ access, etc., and caused the said worker F to have the excavated part of the excavated part of the excavated part, and then buried in the earth and sand and transferred to the hospital by the said worker F to the hospital. However, around August 2, 2014, at the I Hospital located in Ulsan-gu, Ulsan-gu, U.S., Seoul, to death caused the death of the left-hand scarcity, etc.
Accordingly, the Defendant did not take necessary measures to prevent the collapse of earth and sand as above, and did not neglect the duty of care, thereby causing the death of the above worker F due to occupational negligence.
2. Defendant B, at the same time and at the same place, did not take measures necessary to prevent accidents as above with respect to the Defendant’s business, and the Defendant F.