Text
Defendant
A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 5 million.
Defendant
A above.
Reasons
Punishment of the crime
[Dissenting Opinion] Defendant B Co., Ltd. is a corporation established for the purpose of performing civil engineering works with its head office located in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, and Defendant A is a field agent at the F repair Work site performed by B Co., Ltd., as a field agent at the F Repair Work site.
[Criminal facts]
1. The defendant A business owner shall take measures necessary for the prevention of hazards caused by machinery, apparatus and other equipment in running his/her business, and shall take measures necessary for the prevention of hazards caused by excavation, quarrying, loading, unloading, timbering, transportation, operation, dismantling, the handling of heavy objects, and other work in the course of doing so;
around 15:00 on October 20, 2016, the Defendant: (a) had a victim G (55 years) (a person G (55 years) who works in the construction site where he/she manages and supervises him/her; (b) had the person who leads to machinery necessary to prevent danger, install a plan to prevent danger, including measures to prevent danger, such as the fall, fall and fall on a machinery, and the route of operation, work methods, etc.; and (c) inform the relevant worker of the details of the work plan; and (d) when carrying or unloading freight the weight of which is at least 100 km from the loading and unloading machinery, the Defendant had a duty of care to prevent accidents by having the conductor of the relevant work set the order of work and its order and method of work, and by having him/her command the work.
Nevertheless, the defendant did not place the person with the above duty of care, and did not prepare the work plan for the forknive vehicle or notify the worker thereof, and he did not load and unload the work.