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Defendant
A shall be punished by imprisonment with prison labor for eight months, by a fine of five thousand won,00,000 won.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A is the representative of Company B selected as a contractor of sewage pipeline construction from D Universities, and a person in charge of safety management who is delegated by D Universities to perform construction works throughout the construction site.
On May 19, 2013, the Defendant had workers F (55 years of age), workers G (53 years of age) and others perform excavation works and floor rearrangement works in a size of 5 meters in depth in order to install a manle and sewage pipe at the above construction site located in E in ethic City on May 14:00.
In such cases, the defendant, who is a safety manager, shall conduct a prior investigation into the ground and ground level of the relevant workplace in order to prevent the danger of workers when excavating the ground at a height of at least two meters, prepare a work plan according to the results of the investigation, and conduct work in accordance with the work plan, and prevent the collapse caused by rainwater infiltration, such as installing a measuring apparatus in preparation for the cases where soil is distributed to reclaim sewage pipes, or covering the secret on the excavated surface, and shall perform his/her duty of care to ensure the safety of workers, such as installing earth gate, which is a safety device, to prevent the collapse of the excavated surface, depending on the kinds of earth and sand and ground, or to prevent the collapse of soil from spreading on the wall.
Nevertheless, the Defendant neglected such duty of care and did not establish a work plan related to excavation work, and did not excavate the ground in a safe slope in a large amount of rain from the preceding day to the earth and sand, and ordered the victim F and G, who did not wear safety equipment without soil facilities, to perform sewage pipe connection work on May 19, 2013, and buried the above workers due to an accident where the soil of the right side of the wall of the workplace collapses on May 21, 2013.
Thus, the defendant is due to the above occupational negligence.