Text
Defendant
A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.
Defendant
A above.
Reasons
Punishment of the crime
"2012 Highly 290"
1. Defendant A is an employee of Defendant B Co., Ltd., who is a field director, and around 18:07 on February 18, 2012, Defendant A instructed the excavation and removal of the land using three and seven dump trucks at the site of road construction E between the fixed line.
In order to prevent risks to workers by falling under the rock of earth and stones, excavation work has a duty of care to check the place of work and the existence of fluorites and cracks in the vicinity thereof, the change of brine water, water water and dynamics, and to remove earth and rocks at risk of falling, using brus, brus or Hand brus, etc., and to take measures necessary to prevent risks, such as the installation of earth and rocks, installation of protective networks, prohibition of workers' access, etc., in advance.
Nevertheless, the Defendant neglected the above duty of care and did not remove soil and rocks dangerous to abortion properly, and caused the death of the victim F (54 years old) and G (60 years old) due to the fall of soil and rocks by occupational negligence while performing construction works, even though part of the wall for the protection of the climatic devices, which was installed to prevent risks against falling rocks, was broken away.
2. Defendant B Co., Ltd. concluded a joint contract operation agreement with a lot construction company (hereinafter “slun Construction”) and appointed at least one safety management officer to assign him/her to the site to prevent safety accidents that may occur in their respective construction sections, but did not take safety measures as described in paragraph (1) with regard to the Defendant’s business at the date and place specified in paragraph (1) without appointing a safety management officer, thereby causing the death of the victims.
Defendant 2, "2012, 302".