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Defendant
A and B shall be punished by a fine of KRW 10,00,000, each of six months of imprisonment, and Defendant C shall be punished by a fine of KRW 10,000.
except that this shall not apply.
Reasons
Punishment of the crime
Defendant
A is a management director of the C Co., Ltd. in Sejong City and is a supervisor in the workplace. Defendant B is a representative of the above C and is a safety and health management manager responsible for safety and health management for its employees. Defendant C Co. is a corporation established for the purpose of construction waste collection, transportation, disposal, etc., and is a business owner who employs 24 full-time workers.
1. Defendant A
A. On September 3, 2019, around 10:25, the Defendant, occupationally killed the Defendant, while driving a vehicle E log, a construction machine for the vehicle at the shop of the construction wastes in the above C, was driven toward the night by the Defendant.
At the same time, the victim F(68 years of age) remains at the site of waste selection work. As such, the Defendant had a duty of care to prevent accidents by checking the state of the log in advance, closely checking the situation of the gate in front and rear, accurately manipulating the mechanical wheel and brake system, etc.
Nevertheless, the Defendant did not check that the warning notice device of the above log is out of order without a construction machine pilot's license, and did not closely look at the situation of the scene, and did not discover the victim who was in the direction of the above log, and followed the body part of the victim who was in the back of the body with the back of the body, and followed the part of the victim who was in the direction of the above log with the back side of the body of the body of the backer with the back wheels and the front wheels.
Ultimately, at around 11:15 of the same day, the Defendant caused the victim to die due to scarf damage, etc. at the Chungcheong University Hospital.
B. The Defendant violated the Construction Machinery Management Act.
At the time, at the place specified in the port, the construction machinery operator's license was not obtained, and the construction machinery operator's license was operated as above.
2. Defendant B
(a) Workers due to their non-performance of the safeguards obligation;