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Defendant
A, B, and D Co., Ltd. shall be punished by a fine of KRW 8 million, and Defendant C and E Co., Ltd shall be punished by a fine of KRW 6 million.
Reasons
Punishment of the crime
The Defendants’ status and relevant Defendant D Co., Ltd. (hereinafter “D”) and Defendant E Co., Ltd. (hereinafter “E”) are business owners who jointly perform the J construction works in Jung-gu Incheon Metropolitan City I (hereinafter “the foregoing construction works”) from H, and Defendant C is a field manager appointed by D and E, who is a person in charge of safety and health management in charge of safety and health management for employees and partner companies belonging to the above construction site.
Defendant
B A Co., Ltd. is a business owner who performs K construction works under subcontracting from D and E, and Defendant A is a field manager of B Co., Ltd. and is a person in charge of safety and health management for its employees at the same construction site
Criminal facts
1. The Defendant committed the crime of Defendant A, around 11:00 on March 21, 2014, had workers, including the victim L (22 years of age, death), conduct the assembly and dismantling of breakwater concrete, fluor, and so on.
In order to prevent any danger to workers, a prior investigation shall be conducted on the relevant work, the topography, ground level, and ground condition, etc. of the relevant place of work, and record and keep the results thereof, and in consideration of the results of the investigation, a plan for the work of loading and unloading of vehicles, loading and unloading transport machinery and heavy objects, and necessary measures such as installing a burner team and conducting work after hanging boom, etc. on the scambage equipment in order to prevent a sudden accident caused by falling and shock, and there was a duty of care to prevent accidents beyond scambling in advance by prohibiting entry by persons other than the relevant workers, such as installing fences at the place where decommissioning has been suspended.
Nevertheless, the Defendant neglected to do so and did not prepare a vehicle mooring, loading and unloading, transportation machinery, and weighting work plan to prevent the danger of workers.