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Defendants shall be punished by a fine of five million won.
If the above fine is not paid, 100,000 won shall be converted into one day.
Reasons
Punishment of the crime
Defendant
B is the representative director of Defendant C Co., Ltd. (51%) and F Co., Ltd. (49% equity ratio) who received orders for the construction of Seoul Urban Railroad E and the construction of machinery and equipment, and Defendant C Co., Ltd. is the representative director of Defendant C Co., Ltd. who received a subcontract for waterproof construction during the above construction. Defendant D is the site director of Defendant C Co., Ltd., and the victim G( South, 66 years old) is the employee of Defendant A
1. Defendant B, around 16:00 on August 22, 2019, had the victim perform waterproof work on the third underground floor of the construction site located in Seo-gu Incheon, Seo-gu, Incheon. At the time, other workers were engaged in dismantling construction materials, such as h beamline, from the victim’s upper part, and had already been dismantled loaded the said construction materials around the victim, and there was a risk that the said construction materials might fall down with the victim.
In such a case, the Defendant failed to take such measures despite the obligation to install a cargo prevention network, etc., and caused the death of the victim due to the damage of the head's force in the site of the construction materials, such as the H beam fall from the upper site at the same time and place as the victim did not take such measures.
2. Defendant D, as the manager of the foregoing site and safety and health management of C Co., Ltd., the Defendant subcontracted a waterproof construction work to A Co., Ltd. among the construction of construction and machinery and equipment works, and the victim caused a waterproof construction work as described in the foregoing paragraph (1).
In such cases, the Defendant is obligated to take measures necessary to prevent the risk of falling, such as installing a water-prevention net, etc. for the victim who is employed by the contractor because the business that the Defendant takes place at the same place consists of specialized construction works and all specialized construction works are awarded a contract for each specialized field.