All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant accident, the victim was engaged in the above and below-mentioned work at the height of 3.5 meters from the wall of the building at the time of the instant accident. The Defendants, as the nature of the work, are difficult to install and work a work plate or a fall protection net, made the Defendants wear a safety belt.

Therefore, the Defendants intentionally breached the duty of safety protection.

It is difficult to see it.

Nevertheless, the judgment of the court below which found the Defendants guilty of the facts charged in this case is erroneous as a matter of law.

B. The lower court’s punishment against the illegal Defendants (a fine of KRW 3 million) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of facts (1) Article 23 (Safety Measures) of the relevant regulations and the Industrial Safety and Health Act (3) A business owner shall take necessary measures to prevent the danger in the event of a place where a worker might fall during his/her work, a place where sand and structures, etc. might collapse, a place where material objects might fall or come by flying, or any other place where danger may occur due to a natural disaster in the course of his/her work.

(4) Matters concerning the safety measures to be taken by an employer pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor. Article 42 (Prevention of Impact) (1) of the Rules on the Occupational Safety and Health Standards prescribed by Ordinance of the Ministry of Employment and Safety.

(2) Where it is impracticable for a business owner to install a work plate under paragraph (1), he/she shall install a fall protection net meeting the following standards:

Provided, That where it is impracticable to install a fall protection net, it shall require workers to wear a safety belt, etc.