All appeals by the Defendants are dismissed.

1. Since there is no direct employment relationship between Defendant E Co., Ltd. (hereinafter “E”) and Defendant J of the victim’s J, the gist of the grounds for appeal (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing), Articles 67 subparag. 1 and 23 of the Occupational Safety and Health Act cannot be applied to the Defendants.

The judgment below

Attached Form

The criminal facts of No. 3 and No. 6 of the List of Crime 1 are absorbed into the criminal facts of Paragraph 1, and the defendant's defense counsel asserts in the statement of grounds for appeal that "in the case of No. 3 and No. 6 of the Bill of Indictment and the List of Crime 3 and No. 6 of the judgment below, the criminal facts of Paragraph 2 shall be absorbed into the criminal facts of Paragraph 2." However, since there are no paragraph 3 of the indictment

Attached Form

Although each crime in the crime list is a single comprehensive crime, the court below erred in the relation of acceptance of the crime.

In addition, the punishment sentenced by the court below (Defendant A: imprisonment of 8 months, suspended execution of 2 years, community service, and Defendant E corporation: fine of 12 million won) is too unreasonable.

2. Determination

A. First of all, we examine the argument about misunderstanding of facts or misunderstanding of legal principles about business owners under Article 23 of the Occupational Safety and Health Act.

The employer shall take necessary measures to prevent the danger in a place where workers might fall down at work, where soil and sand, structures, etc. might collapse, where material objects might fall or fall, or where other hazards may arise in the course of work due to natural disasters, and where the employer orders workers to work in a stable manner without taking such measures, a violation of Articles 67 subparag. 1 and 23(3) of the Industrial Safety and Health Act is established. This also constitutes a violation of Article 67 subparag. 1 and subparag. 23(3) of the same Act in cases where the employer instructs workers under his/her control to monitor and supervise work performed by a third party contracted by the employer on the spot.