The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that E Co., Ltd., prior to the contract period for the instant construction work, dispatched K to the head of the site of the construction site before the contract period to manage and supervise the entire site of the instant construction work, and the Defendant merely performed the instant construction work according to the direction of K, which is the head of the site, after being awarded a contract with E Co., Ltd. for the instant construction work, and thus, E Co., Ltd.

In addition, the retaining wall of this case was collapsed due to the centralized rain that occurred at the time, and this constitutes an unexpected natural disaster that could not be anticipated by the defendant, and thus, it cannot be deemed that there was a negligence of the defendant on the collapse of

Nevertheless, the court below found the defendant guilty of the facts charged in this case since the defendant had the responsibility to manage and supervise the construction site of this case and the retaining wall of this case collapses due to the defendant's negligence. Thus, the court below erred by misapprehending the facts.

2. The lower court acknowledged the following circumstances based on the evidence duly adopted and investigated by the lower court, namely, (i) D Co., Ltd., a construction company specialized in the reinforced soil retaining wall construction, and E Co., Ltd., was awarded a contract for retaining retaining wall construction to D Co., Ltd., with high experience in retaining wall construction, taking into account the special characteristics of retaining wall construction that requires professional knowledge and experience; (ii) the Defendant appears to have resided at the construction site after receiving a contract for retaining wall construction from E Co., Ltd., four workers, including L, a working group leader, etc., and actually visited and supervised the retaining wall construction site; and (iii) the representative director of E Co., Ltd. was dispatched from E Co., Ltd. to the site manager of E Co., Ltd. at the construction site, but the Defendant was aware of the fact under the responsibility of the Defendant.