Defendant

A Imprisonment for one year, a fine of three million won for Defendant B, and a defendant C shall be punished by imprisonment for eight months.

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established as its head office in D on April 10, 2003 and for the purpose of carrying out reinforced concrete construction business, etc., and a business owner who carried out maintenance work from November 18, 2019 to January 1, 2020 by smugglingyang City E, and Defendant A is a person in charge of safety and health of workers as the head of the construction site at the above site, and Defendant C is a construction site manager and a rental business operator.

【Violation of the Occupational Safety and Health Act and occupational injury caused by workers’ death】

1. Defendants’ duty and duty of care under the Occupational Safety and Health Act

(a) When Defendant A’s business owner engages in the work and the handling of heavy objects using a ditch construction machine, he/she shall conduct a prior investigation into the relevant work, the relevant work site’s topography, ground and ground level, etc. in order to prevent any danger to workers, and record and preserve the results thereof, and shall prepare a work plan in consideration of the results of the investigation and have it perform the work in accordance with the plan;

In addition, when a business owner engages in work using a vehicle-based construction machinery, he/she shall not allow workers to enter a place where workers are in danger of facing each other due to contact with the relevant vehicle-based construction machinery in operation except in cases of inducing the relevant vehicle-based construction machinery by placing an guide, and has a duty of care to observe safety level and maximum load in the structure and use of the machinery in order to prevent the risk of booming or collapse of the vehicle-based construction machinery or the risk of destruction of working equipment, such as boom boom and cancer

(b) A person who lends to another person a soft machine shall issue to the lessee the capability and details of protective measures, characteristics and directions at the time of use of the soft machine, details of repair, repair and inspection of the soft machine, and date of manufacture of the main parts.

In addition, a cater which is a vehicle-based construction machinery.