[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

[Defendant B] Imprisonment with prison labor and fine of KRW 2,00,000.

Punishment of the crime

[2017 Highest 1540] - Defendant A

1. Around January 2017, the Defendant was employed as a day-time employee in a M company operating B, which produces a fry house using steel plates and each pipe from the apartment construction site as a foreigner of Vietnam’s nationality, and was employed as a day-time employee in the company operating B, which produces a fry house using iron plates and each pipe at the apartment construction site.

In order to operate a construction machinery, a construction machinery pilot's license under the relevant Acts and subordinate statutes is required, and when moving pipes using a construction machinery carrying vehicle, a construction machinery has a duty of care to safely proceed with the work after checking whether there is a person within the radius of the work and the pebing of pipes.

Nevertheless, the Defendant, at around 11:30 on June 19, 2017, was placed in the 325 tons pipe (5cm X 10cm X 10cm per unit, 1 32 parallels of 1, 1, 1, 1, and 1, 1, 1, 1, 207, while neglecting the above duty of care while putting in the floor on the top of the C Factory, a company located in Kimpo-si, Kimpo-si, with no construction machinery operator’s license, and 2 tights of 1,560kms of 1,560cm) which had been loaded in the cargo vehicle.

1 Along with 12:26 of the same day, the victim J (56) was scambling in the opposite part of the work site, resulting in the victim's death due to a dysmical shock in the L Hospital located in Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, the defendant jointly with B caused the death of the victim.

2. A person who intends to operate construction machinery in violation of the Construction Machinery Management Act shall obtain a construction machinery pilot's license from the head of a Si/Gun/Gu;

On June 19, 2017, the Defendant entered around 11:30 at the place specified in paragraph (1).