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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 5,00,00.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s breach of the duty of care by mistake of facts (as to Defendant B), while recognizing the risk of the occurrence of an accident when the above Defendant is working using a clean lamps with the removal of safety pin, the lower court did not take any measures such as requesting the Defendant A, a construction site supervisor, to attach a safety pin, etc., and did not take any measures such as requesting the Defendant A to attach a safety pin, etc., but there was an accident at the wind of carrying out the crecing operation as it was at the risk of the occurrence of the accident, but there was an error of law that affected the conclusion of the judgment by misunderstanding the fact, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s punishment (as to Defendant A) by the Defendant against the Defendant A (as to the Defendant, KRW 7
B. Defendant A (legal scenario and mistake of facts) ① Defendant A’s affiliates concluded a contract with the victim I and “the load and transport of the sn beam beam beam line and the load of the cargo lane.” Defendant B had the responsibility to take safety measures necessary to prevent accidents in relation to the contractor’s work. However, in the case of the construction contract, the contractor did not have the duty to take safety measures necessary to prevent accidents in relation to the contractor’s work. However, Defendant A had the duty of care to take safety measures under the Industrial Safety and Health Act and the Industrial Safety Standards Act enacted to protect employees under the direction and supervision of the contractor. ② Even if Defendant A provided a click light to Defendant B, the work safety guidelines related to the click light should be observed by Defendant B, and Defendant B knew of the removal of the click beam. Therefore, Defendant B’s liability for the use is to be borne by Defendant B, and Defendant A’s domestic affairs.