산업안전보건법위반등
The judgment of the court below is reversed.
Defendants shall be punished by fine of KRW 3,000,000.
Defendant
B The above fine.
1. Summary of grounds for appeal;
A. Fact-misunderstanding (as to Defendant B’s violation of the Industrial Safety and Health Act No. 271, the occupational and de facto violation of the occupational safety and health law, Defendant D Co., Ltd. (hereinafter “D”) ordered Defendant D Co., Ltd. (hereinafter “Defendant D”) to obtain prior approval from Defendant D (hereinafter “C”) when dismantling the pit pumps, which is weighted, for convenience. On the day of the instant accident, Defendant C did not apply to the Defendant D for the dissolution of the pit pumps (hereinafter “instant pit”) prior approval. Thus, Defendant C did not apply to Defendant D for the dissolution of the instant pit.
Therefore, Defendant B, who was Defendant D’s site warden, could not expect that Defendant B would perform dismantling work of the pit pumps of this case, which was no scheduled by the victim I who was the lower company’s mold. Moreover, Defendant B was aware of the fact that the dismantling work of the pit pumps of this case was performed without the support of safety measures.
However, on the ground that Defendant B did not take safety measures in relation to the instant accident, the lower court erred by misapprehending the legal principles on the crime of occupational injury and injury, and the crime of violation of the Industrial Safety and Health Act against Defendant B, and by misapprehending the legal principles on the crime of violation of the Industrial Safety and Health Act.
B. The sentence of the lower court’s unfair sentencing (Defendant B: 2 years of suspended sentence of imprisonment for August, and Defendant D’s fine of KRW 20 million) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Summary of the facts charged in this part of the charges 1) The co-defendant A of the lower court’s co-defendant A (hereinafter referred to as “Defendant”) with Defendant D awarded a subcontract for KRW 13,226,880,000 of the “F apartment construction five sections” in the “F apartment construction five sections” located in Sejong Special Self-Governing City E from Defendant D. < Amended by Act No. 13, Dec. 21, 2015>