A. In relation to the occurrence of a serious accident, the Defendants took all the health measures required under the Occupational Safety and Health Act. The instant accident was caused by the victim’s working rules and died while working without any disaster prevention equipment. As such, the Defendants did not breach their duty of care.

B. The sentence imposed by the lower court on the Defendants (a fine of five million won) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of fact, Defendant B is the field director of the company A located in Yongsan-gu Seoul Metropolitan Government, who is in charge of labor management, safety and health management, etc. on the job site of the worker at the Seo-gu Incheon Metropolitan City, Incheon Metropolitan City, where the above A is being executed.

Defendant

B around 00:00 on December 31, 201, at the construction site of the above apartment, around 311, 311, it was covered with a tent at the outside of the machinery room of the elevator on the 311st rooftop, and the inside of the apartment was burning a modro, and performed concrete production work.

In order to prevent the inflow of air into the outside in a tent and to reduce the internal temperature, and to reduce the concentration of gas oxide rapidly, business owners, etc. so that workers in the above sealed spaces are engaged in the work, business owners, etc. shall, in advance, have the supervisor, etc. measure the concentration of oxygen and harmful gas, evaluate whether the adequate air is maintained, and take necessary measures, such as ventilation at the workplace, the supply and landing of air stacks, if the appropriate air is not maintained as a result of measuring the concentration of oxygen, etc., and if the air is not maintained as a result of measuring the concentration of oxygen, etc., he/she shall designate a supervisor capable of monitoring the situation of the work at all times and place it outside the sealed space, and install facilities capable of regularly communicating between the workplace and the outside supervisor, and install air resistant or air conditionings; and