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Defendant
A Imprisonment of 10 months, Defendant B shall be punished by a fine of 7 million won, respectively.
However, Defendant A.
Reasons
Punishment of the crime
1. Defendant A is a person in charge of the practical control over and supervision of matters concerning safety and health of employees under his/her control, as a site warden of “H Corporation” in the Gu-Si Fdong and G jointly performed by Defendant B and C, and “H Corporation” located in Dong G.
On July 31, 2016, at around 14:50, the Defendant directed the victim K (60 years), L, M, N and 2 signal numbers, and one heavy equipment engineer before the J factory located in Gu-si I, Gu-si, Si-si, Gu-si, and installed the industrial water exchange pipe.
At this place, in order to install an industrial water call pipeline, the ground is excavated by 1.5m in width and 2.5m in depth, the business owner shall conduct a preliminary investigation of the ground, such as the topography, ground and ground level in the workplace, and the result thereof shall be recorded and preserved in order to prevent the danger of workers in the course of excavation work, and the excavation work plan shall be formulated in accordance with the plan, including the method and order of excavation, the method of installing earth mounds, and other matters concerning safety and health, in consideration of the results of the investigation.
Nevertheless, the defendant did not conduct a prior investigation into the topography, ground condition, etc. of the relevant workplace before commencing the work, while allowing the victim to perform the excavation work at the lower part of the excavated section with a height of at least 2 meters of the excavated surface at the above time and place, and without conducting a prior investigation into the topography, ground condition, etc. of the relevant workplace, even though there is a risk of disaster due to the ground collapse, earth and rock fall, the defendant did not prepare a excavation work plan which includes specific details such as the excavation method and order, the installation method of ground collapse, and the prevention of danger against soil and rock fall.
In addition, if the business owner is likely to cause danger to workers due to the collapse of the ground, the collapse of structures, the falling of soil and rocks, etc., the ground is to prevent the risk.