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1. Defendant A shall be punished by imprisonment with prison labor for four months.
However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
B A Co., Ltd. is a business owner who was awarded a contract from “C organization” to “D Electric Source Housing Site Construction Works” and performed from December 22, 2017 to January 2, 2018.
Defendant
A is a safety and health manager who exercises overall control over matters concerning the safety and health of employees under his control as the head of the construction site of Defendant B.
1. On December 23, 2017, around 12:55, the Defendant directed the victim E to complete the excavation work at the site of the electric source housing site construction work located in the Namyang-si, Namyang-si, the victim E, who had worked at the site of the above electric source housing site construction work.
In such a case, the defendant, who is the person in charge of safety and health management at the site site of this case, has been engaged in excavation of a ground with a height equivalent to five meters at the time of excavation, shall conduct a prior investigation in order to prevent danger to workers, and record and preserve the result thereof, shall prepare a work plan in consideration of the results of the investigation, and shall prepare a work plan in accordance with the plan; and shall comply with the standards under the relevant Acts and subordinate statutes; and the manager has a duty of care to have the manager check the place of work and its surrounding area's existence of stone and ruptures, water and water supply and the changes in the dynamic condition before the commencement of the work.
However, the defendant cut 70∑ or more with 51∑ or above even though he did not prepare a work plan, and cut felling with 70∑ or more without examining changes in the state of dynamics, such as the place of work prior to the commencement of the work, the existence of tin or equal heat in the surrounding areas, and brine and water supply, and was buried in the earth and sand where the victim, who was engaged in surveying work for flatization in the above ground of cutting, was collapsed.
In this respect, the defendant is suffering from the victim's seat.