The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the Defendant’s “C” is a place of business that raises pigs, and the septic tank is merely for collecting foul waste from a multi-face disposal company to transport the foul waste in a ice to a vehicle. Since workers do not have any other access to the aforesaid septic tank, even if they did not take measures to prohibit a person’s access, such as marking the prohibition of entry, etc., it cannot be deemed that there was a violation of public health measures under the Occupational Safety and Health Act.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts and misunderstanding of legal principles.

2. Determination on the grounds for appeal

A. Article 618 subparag. 1 of the Rules on the Standards for Occupational Safety and Health established by Ordinance of the Ministry of Employment and Labor pursuant to delegation under Article 24(2) of the former Occupational Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019) provides that “the term “a place for sealed space means a place with a risk of nitrogen, fire, explosion, etc. caused by hazardous gas, which is a place specified in attached Table 18,” and Article 18 subparag. 11 of the attached Table 18 provides that “the inside of a septic tank, sed water tank, water tank, water tank, flood tank, man-made, man-made, or feet” includes excreta, contaminated soil, contaminated water, sewage, and other materials that may be decomposed or decomposed.

In addition, the above rules stipulate in detail the criteria to be observed by the business owner who has to have the workers work in the sealed space (Articles 619 through 625). On the other hand, the business owner has identified the sealed space in the place of business in advance and prohibits any person other than the workers concerned from having access to the sealed space, and determines the duty to post the signs of no access at a place where it is easy to see it in the vicinity of the sealed space.

(Article 622). In full view of the purport and content of these provisions, the business owner shall have regard to the closed space.