The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, although it can be sufficiently recognized that the Defendants’ failure to take safety measures was the cause of the instant accident, the lower court acquitted the Defendants on the ground that there is insufficient evidence as to the facts charged of this case, and thus, erred by misapprehending the facts and adversely affecting the conclusion of the judgment

2. The facts charged in this case and the judgment of the court below

A. Defendant B is a corporation established for the purpose of manufacturing and selling fruit water with three regular workers, and Defendant A is a representative director of the above company, who manages safety and health affairs of its employees.

(1) When an employee under his/her control engages in the work of loading, unloading, transportation, machinery, etc. of the vehicle system, he/she must conduct a prior investigation into the topography, ground-to-ground condition, etc. of the relevant work site and prepare a work plan in consideration of the result thereof, and if the work of loading, unloading, transportation, machinery, etc. of the vehicle system is likely to pose a risk to workers, he/she shall place a person leading the machinery, and take measures to prevent the subsidence of the ground thereof, but as such, he/she did not take such measures, and thereby, C, an employee under his/her control, at around 17:00 on October 7, 201, completed the work of loading and unloading a compost by using one ton motor vehicle at the Southern-gun B farm around 25 meters away from the above vehicle and caused C’s death at around 15:00 on the same day, and then C, at around 18th of the same month, caused C’s death.

(2) Defendant B, at the same time and place as above, is the representative director A of the defendant's business.