The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the court below rendered a not-guilty verdict on all the charges of this case, although it can be sufficiently recognized that there was occupational negligence, and that there was considerable relation between the negligence and the accident of this case. The court below erred by misapprehending the legal principles. (In the judgment of the court below, the prosecutor added the facts charged against Defendant B, and applied for amendments to Bill of Amendment to Bill of Indictment to the effect that "Article 66-2 and Article 23 (1) of the Industrial Safety and Health Act" was added to the name of the crime, and "Article 66-2 and Article 23 (1) of the Industrial Safety and Health Act" was added to the name of the crime

A. The summary of this part of the facts charged is 1) Defendant A and Defendant B are the general manager of the relevant safety and health management department as the general manager of the heat combustion plant construction corporation C, and Defendant B is the manager of the test operation team as the manager of the test operation team.

No business owner shall assign any dangerous work to use fire or to generate flames unless he/she takes measures for the prevention of explosion or fire.

On July 1, 2014, at around 09:00, the Defendants were engaged in the work of using a oxygen stored in a oxygen for the trial operation of the Scarping plant at the 3-year main air space, and the Defendants were engaged in the work of raising pressure by manipulating the valves of the oxygen pipes at around 10:10 on the same day, because the pressure of the oxygen pipes at around 10:10 on the same day was low.

In such cases, the Defendants, who are responsible for the safety management of the operating team members and equipment of the trial operation, have a duty of care to remove foreign substances and maintenance parts by cleaning in advance the oxygen pipes, pressure valves, etc., and to provide the workers with a duty of care to take measures necessary to prevent accidents, such as training to prevent explosion by systematically manipulating valves, but without conducting cleaning work.