업무상과실치사등
The judgment below
Of them, the part on Defendant C, Defendant D, and Defendant E Co., Ltd. is reversed.
Defendant .
1. Summary of grounds for appeal;
A. Fact-finding (Defendant C, Defendant D, Defendant E, and Defendant E are business owners under Article 29(3) of the Occupational Safety and Health Act; Defendant C, as a person in general charge of safety and health of the instant construction, can be found to have violated the duty of care in the course of performing duties, the lower court acquitted the above Defendants. In so determining, the lower court erred by misapprehending the facts.
B. The lower court’s sentence (Defendant A, Defendant B, and Defendant F part) (Defendant A, Defendant B: each of the fines of KRW 5 million, Defendant F: Imprisonment without prison labor for six months, and one year of suspended execution) is deemed to be too uneasible and unfair.
2. For the first instance trial, the additional prosecutor added the facts charged against Defendant C, Defendant D, and Defendant E Company as follows. The applicable provisions of the Industrial Safety and Health Act to Defendant C “Articles 71, 66-2, and 23(1), Articles 268, 30, and 40 of the Criminal Act, Articles 71, 66-2, and 23(1)1 of the Industrial Safety and Health Act,” and Articles 71, 66-2, and 23(1)1 of the applicable provisions of the Industrial Safety and Health Act to Defendant D Co., Ltd. were applied for amendments to indictment. The court permitted them.
[Criminal Facts]
1. When running a business, Defendant C shall take measures necessary to prevent any danger caused by machinery, apparatus, and other equipment;
Defendant
When a worker employed by a contractor of a D Co., Ltd. proceeds from decommissioninging a port at the risk of collision and fall, the Defendant, who is a person in general charge of safety and health, who is responsible to take measures to prevent industrial accidents, shall determine the method of work and the placement of workers by the supervisor who directly directs and supervises the work in the position of the head of the workplace and the head of the Ban, if any.