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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 3,000,000.
Defendant
A The above fine shall be imposed.
Reasons
1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principles), Defendant B Co., Ltd. received a lump sum subcontract from C, and provided a sub-subcontract to F with the employees of G who died of “E,” and Defendant A and Defendant B’s employees or employees managed and supervised all of the construction site, and Defendant B Co., Ltd., the business owner, who died while working at the construction site, bears the duty of safety measures against industrial accidents.
Nevertheless, the judgment of the court below which acquitted the Defendants of the facts charged in this case is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is as follows: Defendant B Co., Ltd. (hereinafter “B”) subcontracted “D” from C to the same year from April 28, 2017.
7.2. It is a business owner that has been executed up to 7.
Defendant
A is the chairperson of Defendant B, and the person responsible for the management and supervision of all matters concerning the safety and health of workers at the construction site for Defendant B.
Defendant
B During the foregoing construction work, “E (hereinafter “E”)” was sub-subcontracted to F Co., Ltd. F (hereinafter “F”).
When any worker employed by a contractor engages in work using the loading, unloading, transportation, and machinery of a vehicle at the same place, the owner of a business, who is obligated to separately contract part of the business, shall take the following measures for preventing industrial accidents as prescribed by Ordinance of the Ministry
(1) A work plan which includes preventive measures against danger, such as falling, falling, electric power failure, narrowness, collapse, etc., shall be prepared to work in accordance with such plan, and the details thereof shall be notified to the relevant worker.
(2) A work commander shall be designated to direct work according to a work plan.
(3) The placement of a work commander or an guide shall be made.