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Defendant
A A shall be punished by a fine of KRW 5,000,000 and by a fine of KRW 3,000,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
1. Defendant A is a person in charge of safety management who is the site manager of the wastewater pipeline construction in the section E located in the Southern-gun Group D before the Defendants performed the construction work by Company B (hereinafter “B”). Defendant B is a construction company located in the Southern-gun group F.
2. Defendant A
A. On May 2, 2017, the Defendant, in violation of the Industrial Safety and Health Act, was obligated to perform occupational duties to prevent accidents due to installation of a storm hole, etc., if it is difficult for the Defendant to perform excavation works on the ground of the ground of the site of the construction site due to the wastewater pipe constructed by B in front of the area of H in front of the Southern-gun G, Namsung-gun, and where it is difficult for the Defendant to perform excavation works on the ground of wastewater pipe 1:05 to 1:1, or to maintain excavation with a view to maintaining excavation.
Nevertheless, while exercising overall control over ground excavation work in the construction site of the above wastewater pipe, the defendant did not install soil blagings and fall prevention facilities and ordered the victim I (41 tax) to conduct excavation work without installing earth blags and fall prevention facilities.
Accordingly, the victim, at the direction of the defendant, died at the site due to the heart of the victim's chest and the large fluoral wave caused by the collapse of earth and sand in the course of excavation work under the circumstances where the ground excavation work for the construction site of the above waste water is not installed in the field of the construction site, and the soil is collapsed under the condition that soil is not installed in the field of the storm and the fall prevention facilities.
Ultimately, the Defendant did not take measures to prevent the death of the victim by occupational negligence as above and at the same time preventing the fall of workers.
(b) Where a business owner violates the Industrial Safety and Health Act engages in the work of using vehicle-based construction machinery, the relevant work, topography, ground and place of work in order to prevent any danger to workers;