All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the prosecutor’s grounds for appeal (misunderstanding of facts) is recognized to be the same place as that of the L industry’s workplace. As such, Defendant E Co., Ltd. (hereinafter “Defendant E”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are the “business owner who engages in a business under contract by separating part of the business conducted at the same place” under Article 29(1)1 of the Industrial Safety and Health Act, and is obligated to take preventive measures against industrial accidents when the employees of the L industry, which is the recipient pursuant to paragraph (3) of the same Article, work at the place where there is a risk of industrial accidents.

Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged is that Defendant A Co., Ltd., which is managed by Defendant B, receives from Defendant E Co., Ltd. a supply of Aluminium processing process to be used at the construction site, and re-subcontracts to L industry. Defendant E Co., Ltd., which is employed as the factory site, is a corporation established for the purpose of manufacturing construction civil engineering materials at Ansan.

A business owner who has given a contract for part of his/her business shall, in order to prevent danger of electric shock, install an electric shock circuit circuit circuit circuit circuit breaker to be used by the contractor in mobile or portable electric type machinery, apparatus or water, or at a place with high voltages, among electric machinery and appliances connected to the code and plugs, and install an electric shock circuit circuit breaker to be used in low voltage metal parts exposed to the apparatus, and to prevent any danger of electric shock by electric shock with respect to low-tension electric appliances and apparatus used at a water or high voltage place with high voltages.