산업안전보건법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.
1. Summary of grounds for appeal;
A. In fact, the Corporation, which caused the instant accident by misapprehending the legal principles, shall not be deemed liable to prevent, manage, and supervise the risks of the instant construction work solely on the ground that it has decided to settle part of the cost of the construction work cost by the KCAC (the Defendants asserted the said claim as one of the grounds for sentencing, but it is judged by mistake and misapprehension of the legal principles as related to the Defendants’ duty of care). B. The sentence that the lower court sentenced the Defendants to the sentencing unfair sentence (2 years of suspended sentence in June and 2 years of suspended sentence in Defendant A and Defendant B) is too unreasonable.
2. Judgment on the grounds for appeal
A. The following circumstances acknowledged by the evidence duly admitted by this Court as to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, namely, ① the instant construction work between the parties (as of July 8, 2017)
7. 10. 10. 10. The construction works of this case did not have a clear agreement as to whether it was caused by a defect in the previous stone axis and landscape planting construction, ② the construction works of this case directly paid the material cost and personnel expenses, ③ the contract for the construction works of this case in the name of the company related to the construction works of this case, ③ the contract for the construction works of this case has not been entered into under the name of the auditor of the company, ④ the defendant Eul entered into the contract with the auditor of the company, ④ the defendant Eul directly ordered the construction work at the work site, ⑤ the deceased E is a worker of the Dispute Resolution Co., Ltd, and the process and contents of the execution of the construction of this case. The construction works of this case are directly performed by the Dispute Resolution Co., Ltd., and the defendants are responsible for preventing, managing, and supervising the risks of the construction of this case.
Since it is reasonable to see that the lower court erred by misapprehending the facts and misapprehending the legal doctrine.
shall not be deemed to exist.
B. Illegal assertion of sentencing.