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Defendant
A Imprisonment for 6 months, Defendant B's fine of 7,00,000 won, Defendant C's imprisonment for 4 months and Co., Ltd.
Reasons
Punishment of the crime
Defendant
D Co., Ltd. is a corporation established for the purpose of construction business, etc., and is a business owner who performs the reorganization of sites and other construction works for the integration of Korean factory sites in Jincheon-gun I, Chungcheongnam-do, and Defendant B Co., Ltd. is a corporation established for the purpose of construction business, etc., and is a business owner who subcontracted the initial installation pipeline construction works from D on October 6, 2016 to KRW 88,00,000 for the construction
Defendant
C The chief of the department affiliated with Defendant D is the safety and health general manager who manages the overall process, safety, etc. of the above construction site. Defendant A is the chief of the above construction site at the early site of pipeline construction as the director of Defendant B.
1. On October 21, 2016, Defendants A and C were engaged in safety duties at the above site around 15:40 on October 21, 2016, and at the time, the victim J(S 45) of the victim J (S) who was employed at the time engaged in pipes work near the 4.8m of the above construction site by inserting the surface of the floor and the earth below the superior pipes.
In this case, the defendants in charge of safety work maintained that there is no increase in the risk of collapse of excavated surface so that earth erosion of excavated surface does not collapse, and there was a duty of care to prevent accidents by taking necessary measures to prevent the collapse of earth and sand such as installation of earth shields.
Nevertheless, the Defendants jointly neglected the above duty of care and caused the victims to die in light of 16:53 on the same day as earth and sand, etc., which were loaded on the excavated upper part of the excavated area, were buried in earth and sand and collapsed.
Accordingly, the Defendants jointly caused the death of the victim by occupational negligence.
2. The business owner who violated the Industrial Safety and Health Act by Defendant A shall collapse the ground, collapse the structure, or collapse the structure.