Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

However, the defendant A.

Punishment of the crime

A serious accident occurred on January 8, 2016

1. The defendant A is the representative director of the corporation B, who is responsible for the overall safety and health affairs for preventing industrial accidents of workers belonging to the same place of business;

(a) In the case of the work, etc. using vehicle-based construction machinery, a business owner shall conduct a prior investigation into the types, performance, routes of operation, work methods, etc. of the vehicle-based construction machinery used to prevent any danger to workers, and record and preserve the results thereof, and shall prepare a work plan in consideration of the results of the investigation and have it perform the work in accordance with such plan (Article 38(1) of the Rules on the Standards for Industrial Safety

(b) Where a business owner conducts work by using a vehicle mooring construction machinery, he/she shall not allow workers to enter a place where workers are in danger of facing each other due to contact with the relevant vehicle mooring construction machinery in operation;

Provided, That this shall not apply where an guide is placed and the relevant vehicle machinery is induced.

(Article 200(1) of the Rules on Standards for Industrial Safety and Health (Article 200(1)), however, at around 11:30 on January 8, 2016 when the above measure was not implemented, disaster E (Y, 55 years old) affiliated with B Co., Ltd. located in the Special Self-Governing City of Sejong Special Self-Governing City D (Y) who operated a dump truck to the place of loading and unloading of aggregate at the place of loading and unloading, while operating a dump truck to the place of loading and unloading of aggregate at the place of loading and unloading, he/she died at the same time.

2. Defendant B Co., Ltd. is a corporation established on January 1, 1993 for the purpose of collecting earth and sand by employing approximately 11 full-time workers in Sejong Special Self-Governing City D and sells earth and sand and aggregate after collecting them.

Defendant A’s act on behalf of the Defendant at the time and place specified in the above paragraph (1) above is a safety for preventing industrial accidents of workers, such as facts constituting an offense described in the above paragraph (1).