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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
A Co., Ltd. is a business owner who is engaged in the construction business in Jongno-gu Seoul Metropolitan Government D and is performing the “F” in the former Gunsan City E under a contract from G to November 27, 2016, and H is a safety and health general manager who takes charge of the prevention of harm to workers belonging to the site as a site manager of the construction site during the period from September 1, 2015 to November 27, 2016. The Defendant is an excavated technician belonging to MS, a corporation under a contract for civil engineering works with the above construction site.
around 15:00 on November 23, 2016, the Defendant: (a) excavated the ground depth of 3.7 meters in the c.7m in the c. in order to carry out the cable removal work for the instant construction works, which is part of the above construction works, from Company C, the victim J ( South, 56 years old) who is the site warden of the Plaintiff Company I, a director of the instant construction works, and entered the said site; (b) therefore, the Defendant had a duty of care to prepare a work plan through a ground survey, etc.; (c) designate a conductor; and (d) comply with the c.f., comply with the c., excavation of the ground.
Nevertheless, H neglected the duty of care in a place where collapse risk such as earth and sand exists, such as preparing a work plan as the site warden of the contracting business owner, designating a conductor of the work, requiring him/her to comply with the observation of excavation in the ground, allowing him/her to verify the work that occurs at the site with sufficient surveillance personnel in the field, and the Defendant neglected the duty of care in the field of collapse, such as earth and sand, etc.; and the Defendant did not comply with 1:0.5 to 1:07 by occupational negligence excavated in around 15:30 on the same day from the same day as that of the excavated area and buried in the same place on the same day.
After all, the defendant, together with H, caused the death of the victim by occupational negligence.