The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A The above fine shall be imposed.

1. Summary of grounds for appeal;

A. Defendants 1) In fact, misunderstanding of the legal principles and simple loading and unloading operations cannot be deemed as having to comply with the duty to take safety measures, such as the preparation of a work plan and the designation of a person responsible for the work. Therefore, Defendants are not

In addition, the death of the victim is not caused by the failure of safety measures by the defendants, but by the victim's own violation of safety obligations, so there is no relation with the victim.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing) of the lower court’s sentence (an amount of KRW 5 million) is too unhued and unfair.

2. Determination

A. Determination as to the Defendants’ assertion of misunderstanding of the facts and legal principles regarding occupational negligence 1) The Industrial Safety and Health Act provides that the business owner shall take necessary measures to prevent hazards caused by improper work methods, etc. in the course of excavating, quarrying, loading, unloading, timbering, transporting, operating, dismantling, handling heavy objects, and other work (Article 23(2)), and the safety measures to be taken by the business owner are delegated by the Ordinance of the Ministry of Employment and Labor (Article 23(4)). According to such delegation, the rules on the standards of occupational safety and health provide that the relevant work place shall conduct a prior investigation into the state of the ground, ground, floor, etc. of the relevant work place in order to prevent hazards to workers and record and preserve the results thereof, and that the business owner shall prepare a work plan in consideration of the results thereof and inform the relevant worker of the content of the work plan (Article 38(1)2).

In addition, Article 39 (1) of the above Rule has been prepared by the work plan under Article 38 (1) (2), the conductor shall be designated to direct work in accordance with the work plan.