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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
Defendant
A The above fine shall be imposed.
Reasons
1. Summary of grounds for appeal;
A. According to Article 177 of the Rules on Standards of Occupational Safety and Health, when the work to load or unload cargo the unit weight of which exceeds 100 km, the duty to designate the conductor of the work and instruct him/her to do so by determining the order of work and the method of work in the order of the work, and after confirming that there is no risk that the cargo of the loading box will be diminished, the work to load or unload shall be conducted. The number of the instant units means 20 km and one weight per unit, and the weight per unit means one weight per unit. Thus, the number of units of the instant units of transport (number 10) does not constitute a work to load cargo the unit weight of which exceeds 100 km, and thus, the Defendants are not obliged to take measures pursuant to Article 177 of the above Rules.
B. In fact, the Defendants: (a) took necessary measures to prevent danger, such as providing safety education to ordinary workers; and (b) while carrying out transport work, the victims were arbitrarily engaged in work and died; and (c) thus, the Defendants did not constitute a crime of violating the Industrial Safety and Health Act.
(c)
The punishment sentenced by the court below to the defendants is too unreasonable. The punishment (2 million won) which the court below sentenced to the defendants is unfair.
2. Determination
A. Judgment 1 on the assertion of misapprehension of the legal doctrine 1) Defendant A, at around May 28, 2015, Defendant A had the victim carry out the transportation work using a more 0.8 tons blobbbbing cargo, from G around May 28, 2015.
Since Lone transport work was conducted to load and unload 200 kms on the loading, unloading, transporting machinery, etc., the Defendant takes necessary measures to prevent danger, such as ordering the Defendant to conduct the work by setting the order of work and the method of work in the order of the work, ordering the Defendant to do so, and confirming that there is no risk that the cargo of the loading box will fall.