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Defendant
A Imprisonment for 8 months, Defendant B's imprisonment for 6 months, Defendant C, D and E are punished by a fine of 5 million won.
Reasons
Punishment of the crime
Defendant
A is the representative director of D Co., Ltd., and Defendant B is the chief manager in charge of field safety affairs, and Defendant B is the safety manager in the construction site of the new construction site of the golf practice site located in Chungcheongnam-si, Yangyang-si. Defendant D Co., Ltd. is the business owner of a corporation established for the purpose of civil engineering works, etc. located in the Simsan-si, Busan, under contract from E Co., Ltd. to perform civil engineering works among the new construction works of the above golf practice site from July 22, 2015. Defendant C is an employee of E Co., Ltd., and Defendant E Co., Ltd is the business owner of a corporation established for the purpose of construction works, etc. located in Ulsan-gu, Ulsan-si.
1. On November 29, 2015, Defendants A and B were in charge of safety duties at the above site around November 29, 2015, and at the time, there was a risk of collapse of the collapse of the turging and turging by being accumulated at a height of about 20 meters of earth and sand. In such a case, Defendants, who are in charge of safety duties, had a duty of care to prevent accidents that may occur due to the collapse of earth and sand by installing retaining walls and soil turgs, removing rainwater which causes the collapse of earth and sand, assigning safety personnel, etc.
Nevertheless, the Defendants jointly neglected the above duty of care on the part of the Defendants. As a result, around 16:40 cubic meters of earth and sand at around 16:40 on the same day, the victims Ma (74 years) who was on board a vehicle covered by Lbeone Star vehicle was buried in earth and sand and died.
2. Violation of the Industrial Safety and Health Act by Defendant A, Defendant D, Defendant C, and Defendant E
A. Defendant A: (a) if there is a risk of risk to a worker due to the collapse of the ground, the collapse of a structure, the falling of earth and rocks, etc., or (b) the removal of earth and rocks at risk of falling or the removal of retaining wall, soil shield, etc. in order to prevent such risk.