Text
Defendants shall be punished by a fine of KRW 10,000,000.
The Defendants did not pay the above fine.
Reasons
Punishment of the crime
Defendant
A is a business owner engaged in forestry under the trade name of "E" in Incheon City C Apartment D, a person who exercises overall control over the maintenance and management of safety, health, etc. of workers belonging to the place of a set-off in Incheon City F, and Defendant B used the electric saw in the same place of work.
Defendant
A around 08:45 on March 11, 2019, around 08:08:45, had Defendant B and victims G (age 64) perform the sprink by using electric saws.
In such a case, Defendant A had a duty of care to prevent an accident by taking necessary measures, such as having the employee engaged in the felling work provide the aforementioned signals in advance, and allowing the employee engaged in the felling work to take necessary measures, such as ensuring that there is a concern that there is a risk of a punishment, if the employee who is not the employee engaged in the logging work is in danger of a punishment, Defendant A had the duty of care to prevent the accident. Defendant B, who is engaged in the logging work, has the duty of care to check whether there is a person within the radius where there is a tree to be cut down at the time of felling work, and to check whether there is another employee, if there is another employee within the radius, he has the duty of care to stop the electric saw and to inform him of the fact that there is another employee in advance, and to take necessary measures, such as having the employee engage in the logging work provide the other employee with the said signal.
Nevertheless, the Defendants neglected the above duty of care and did not inform the Defendant B, etc. engaged in the above work by setting the shelter route and place of evacuation, and setting a certain signal method, and did not cause the Defendant B, etc. to use the electric saws in advance, thereby allowing the Defendant B to give the above signals.