The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) The court below found the defendant guilty of the charge of this case on the premise that the duty of safety management to the workplace of this case under the Industrial Safety Act was the representative R of F Co., Ltd. (hereinafter "the company of this case"), not the defendant, at the time of the accident of this case, under the premise that there was a lack of safety management for the workplace of this case, and there was an error of law by misunderstanding the legal principles as to "the negligence" or "violation of the duty of care" in occupational and practical negligence (hereinafter "misunderstanding of legal principles") which affected the conclusion of the judgment (hereinafter "misunderstanding of legal principles"). 2) The defendant's burden of safety management for the workplace of this case in accordance with the internal health management regulations for the company of this case was merely formal, and since the defendant did not know that he did not receive the transfer and takeover of the above provisions at the time of the accident of this case, the court below found the defendant's duty of safety management and performance of the business of this case on the basis of the above provisions, which affected the conclusion of the judgment.

2. Determination

A. 1) Determination of the misapprehension of the legal principle regarding “(1) misunderstanding of the legal principle” is examined. This case does not impose criminal liability on the Defendant under the Industrial Safety and Health Act, but rather imposes criminal liability on the Defendant for the occurrence of the instant accident by negligence in violation of the duty of safety manager under the Safety and Health Management Regulations inside the instant company. Thus, R, the business owner of the instant company, was subject to criminal punishment for the violation of the Industrial Safety and Health Act due to the instant accident.

Thus, the defendant cannot be exempted from criminal liability for the instant accident, and the defendant's above "(i)" is not the defendant.