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Defendant
A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
The Defendants related to the Defendants are the owners who perform the construction of sewage and pipes laid underground among the above construction works after being awarded a contract with five owners, such as the building owner E, etc. of the multi-family house under construction in the Namyang-si, Nam-si, and the Defendants B are those who perform excavation works by using the F diggingner.
Criminal facts
1. At around 13:00 on October 17, 2013, the Defendants’ joint criminal conduct conducted excavation for the purpose of underground sewage and excellent pipes using the Defendant’s excavation search device at the above location at the request of the Defendant A, and the Defendant A used three workers, including the victim G (the age of 53), etc., to allow workers to perform the work of underground pipelines at the place excavated by Defendant B.
In such a case, the defendants should excavate the excavation by observing the standards for the area to be excavated so that workers, such as victims, etc., can not be buried due to the collapse of the earth of the excavated site, or after installing soil breath facilities, and the defendant A has a duty of care to conduct a work in accordance with the plan after conducting a prior investigation on the topography, ground, condition of the earth, etc. in the relevant place of work and preparing a work plan.
Nevertheless, the Defendants neglected this and did not take necessary measures to prevent accidents caused by earth and sand collapse in advance, and caused the collapse of the earth and sand of the excavated site, thereby covering the victim and buried the victim in the collapsed earth and sand.
Accordingly, the Defendants jointly caused the death of the victim due to the injury of multiple organs by negligence in the above business.
2. The Defendant A’s business owner is likely to collapse a place where workers might fall down at work, a place where soil and sand, structures, etc. might collapse, a place where material objects might fall or come by flying, or any other danger may occur in the course of the work due to natural disasters.