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[Defendant A] Imprisonment with prison labor for eight months
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
B A stock company is a corporation established for the purpose of carrying out construction business with ten full-time workers having its main office in Gunsan-si, and is a business owner who was awarded a contract from 4,524,140,000 won for the Franju-gun with contract from Yju-gun to perform the construction business from January 13, 2016, and Defendant A is a safety and health manager who comprehensively manages the safety and health affairs as the site warden at the construction site.
1. In conducting excavation works in an area where the height of the excavated surface is not less than 2 meters, the defendant A business owner shall prepare a work plan, including excavation and order, method of removing earth and sand, method of installation of earth-to-spots, measuring plans, etc. in order to prevent hazards to workers, and shall take measures to prevent such hazards, such as the installation of a ground hole, installation of a protection network, prohibition of workers' access, etc. in advance, where the ground is excavated. In such cases, the defendant A business owner shall take measures to prevent the hazards to the excavated ground, such as earth-to-dates, and where the ground is likely to cause hazards to workers due to collapse or falling short of earth and stone.
On August 2, 2017, the Defendant had a public official affiliated with B Co., Ltd. H adjusts the height of sewage on the excavated surface after installing a sewage pipe at G site located in YY-gun, Jeonju-gun.
In such cases, the defendant, who is engaged in safety management at the construction site, had a duty of care to prevent accidents by taking necessary measures for safety as above.
Nevertheless, without preparing the above work plan, the defendant excavated vertically, and then excavated vertically due to occupational negligence that did not install a brush and protective net, and earth and sand cover the victim, thereby causing the victim to be damaged by diversified trauma.