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Defendant
A Imprisonment for eight months, and Defendant B shall be punished by a fine of 10,000,000 won.
However, the defendant A.
Reasons
Punishment of the crime
Defendant
B A Co., Ltd. is a business owner performing the aforementioned construction works from November 29, 2018 to December 6, 2018 when it receives a contract for drainage construction from C, and Defendant A is a chief of the site of the said construction, who is in charge of overall management of the safety and health of on-the-spot workers.
1. On December 5, 2018, around 11:55, Defendant A excavated land as a scicker in Gyeonggi-si, and ordered the victim F (50 years of age) and G (52 years of age) to carry out the work of installing a drainage channel on the land excavated to the victim F (50 years of age) who is an employee at the construction site.
A business owner shall take necessary measures to prevent hazards caused by improper work methods, etc. in excavating, quarrying, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work. A business owner shall take necessary measures to prevent hazards in the course of work, such as places where soil and sand, etc. might collapse, and places where sand and structures, etc. might fall or may fall, and where material objects might fall or fall, etc., a place where excavation is likely to fall or fall. In such cases, in order to prevent hazards to workers, the defendant shall conduct a prior investigation on the excavation of the ground at the time of excavation at a height of not less than 2 meters, and record and keep the results thereof in order to prevent hazards to workers. In such cases, the defendant shall prepare a work plan in consideration of the results thereof, have him/her conduct the work in accordance with the relevant plan, have him/her comply with the relevant statutes, have the supervisor wear the work site and its surrounding area, and have his/her duty of care to check the changes in safety and safety.
However, the defendant conducts the ground investigation.