1. As to the grounds of appeal Nos. 1 and 2

A. Article 23(1)3 of the Industrial Safety and Health Act (hereinafter “the Act”) requires a business owner to take measures necessary to prevent any danger caused by electricity, heat, or other energy when operating a business. Article 23(4) of the same Act delegates safety measures to be taken by a business owner under paragraph (1) of the same Article. The Regulations on Industrial Safety Standards delegated by the Minister of Employment and Labor (hereinafter “Rules”) specifically stipulate the necessary measures to be taken by a business owner in order to prevent any danger depending on the type of work, etc., and Article 66-2 of the Act provides that a business owner shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won.

In full view of these provisions, the crime of violation of Articles 66-2 and 23(1) of the Act against a business owner is established only when the business owner orders the business owner to take safety measures under Article 23(1) of the Act at his/her place of business operated by him/her without taking safety measures under the regulations, or neglects such measures despite being aware of the fact that the above work was performed without taking safety measures. However, it is not established solely on the fact that the above dangerous work was performed at the business owner's place of business without taking necessary safety measures (see Supreme Court Decision 2009Do12515, Sept. 29, 201).