Text
All appeals by the Defendants are dismissed.
Reasons
1. The judgment of the court below which found the Defendants guilty of all the charges on the summary of the grounds of appeal is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
(1) Defendant B (hereinafter “Defendant Company”) was awarded a subcontract for the installation of a fallen-prevention net construction work at the construction site of Suwon Construction Industry Co., Ltd. (hereinafter “Sejin Construction Industry”), which is the principal contractor at the construction site at the time, with respect to the construction of the fallen-prevention net repair work at the construction site of Suwon-si, Suwon Construction Industry Co., Ltd. (hereinafter “Sejin Construction Industry”), which fell into the ground floor and died of the victim during the work (hereinafter “instant repair work”). As such, the instant repair work cannot be deemed as the Defendant Company’s construction work, on February 5, 2013, since it was merely awarded a subcontract for the repair work.
(2) Since Defendant A, upon the request of the Jinjin Construction Industry, sent the victim to the instant repair construction site by its own decision that he knew of the Defendant Company, and there were circumstances in the required construction industry at the time, etc., taking the victim’s work instruction into account, it is unreasonable to impose liability for the death of the victim on Defendants, not the required construction industry.
2. The following circumstances recognized by the court below based on the evidence duly adopted and examined by the court below, namely, ① Defendant A was in charge of the work instruction and safety management at the work site of the representative director of the Defendant Company’s company, ② the victim was under the Defendant Company’s work order, ③ the victim was placed in the repair work site of this case under the Defendant Company’s order and was paid by the Defendant Company. ④ The victim was also under the Defendant Company’s instruction, ④ the repair work of this case under the Defendant Company’s instruction, and the victim fell into the ground floor and died.