The judgment of the court below is reversed.

Defendants are not guilty. The summary of the above judgment against the Defendants is publicly announced.

1. Summary of grounds for appeal;

A. In fact, Defendant A cannot be deemed as “business owner” under Article 23(3) of the Industrial Safety and Health Act, and Defendant A did not violate the duty to take safety measures as “offender” under Article 71 of the same Act.

There is a breach of duty against the Defendant A

Even if there is no legal significant connection between the duty of care in violation and the death of the victim of this case.

Defendant

A As such, unless a person commits an act in violation of Article 23(3) of the same Act, a corporation B (hereinafter “B”) may not be punished.

Nevertheless, the court below convicted the Defendants of each of the facts charged in this case, and the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Even if all of the facts charged in this case’s sentencing are found guilty, each punishment (three million won by each fine) sentenced by the lower court against the Defendants is too unreasonable.

2. Determination

A. The summary of the facts charged in this case, which the court below found the Defendants guilty and is sentenced to a fine, is as follows.

[Basic Facts] Defendant B is a corporation established for the purpose of waterproof and tidal construction business, etc. in Seocho-gu Seoul Metropolitan Government I and 202, and among the construction work of the building work of the building work of the building work of the building work of the building work of the building work of the building work of the building work of the building work of the building work of the building work of the building work of the building work of the building company D (hereinafter “D”).

Defendant

A As the actual operator of Defendant B, he is a safety and health management manager in charge of the safety management and supervision of his employees, and the victim J(55) is an employee of Defendant B who was in charge of the unclaimed duties at the construction site.

[Defendant A] In the event that an object falls or is likely to fall due to work, a business owner shall install a network for the prevention of abortion, a vertical protection net, or a protective protection team, establish an entry prohibition zone, wear protective outfits, etc.