All parts concerning Defendant A, C, and D are reversed.

Defendant

A, six months of imprisonment,

A. In other words, Defendant A and C did not take measures to prevent risks and did not neglect the order of the victim to conduct excavation work without being required to take measures to prevent risks, or even though they knew of the fact that excavation work is being performed without being taken safety measures, the victim was forced to undergo the accident of this case in violation of Defendant C’s occupational instruction, and thus, Defendant A and C did not violate the Occupational Safety and Health Act, and the violation of the same Act by Defendant B and D Co., Ltd cannot be recognized.

B. Each sentence of the lower court against the Defendants on unreasonable sentencing (one year of imprisonment for Defendant A, two years of suspended execution, three million won of fine for Defendant B, six months of imprisonment for Defendant C, two years of suspended execution, and two million won of fine for Defendant D Co., Ltd.) are too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. As to Defendant A, limited liability companies B, and C, the Industrial Safety and Health Act (hereinafter “the Act”) provides that a business owner shall take necessary measures to prevent risks caused by defective working methods, etc. in the course of excavating, etc. under Article 23(2). Article 23(4) of the same Act provides that a business owner shall delegate safety measures to be taken by the Minister of Employment and Labor under Article 23(2) of the same Act. Article 340(1) of the Regulations on Industrial Safety Standards delegated by the said business owner (hereinafter “Safety Regulations”) provides that “If excavation is likely to cause risks to workers due to ground collapse or falling short of soil and rocks, the business owner shall take necessary measures to prevent such risks, such as the installation of open air, installation of protective networks, prohibition of workers’ access, etc.” and Article 66-2 of the Act provides that “The business owner shall take such measures as above.”