The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A 12 million won, Defendant C.

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (two months of imprisonment and two years of suspended execution) is too unreasonable.

B. Defendant C (De facto mistake, misunderstanding of legal principles, and unreasonable sentencing) 1) misunderstanding of facts and misunderstanding of legal principles, Co-Defendant B Co-Defendant B (hereinafter “B”).

(2) After the elevator completed the instant elevator installation work and passed the inspection, Defendant D Co., Ltd. (hereinafter “Defendant D”).

A) On July 5, 2019, at the time of delivery to Defendant D and Defendant C, the subcontract was terminated on the instant elevator installation work, thereby extinguishing the status as B’s contractor, and thereafter, the instant industrial accident occurred. The Defendant D did not have any specific direction or supervision when the victim, who is the engineer A/S, was performing the inspection and repair work of the elevator at the time of the industrial accident accident in this case. Therefore, Defendant D and Defendant C, who is the head of the site, did not have any obligation to take measures to prevent industrial accidents during the inspection and repair of the instant elevator. The lower court convicted Defendant D and Defendant C of the violation of the Occupational Negligence and Occupational Safety and Health Act on the ground that there was a duty to take such measures. In so determining, the lower court convicted the Defendant D and the Defendant of the violation of the occupational negligence and the Occupational Safety and Health Act on the ground that there was an error of misunderstanding of facts or misunderstanding of legal principles.

C. It is as stated in paragraph 1 of the D Co., Ltd. (De facto error, misunderstanding of legal principles).

2. Determination

A. As to Defendant C and D’s assertion of misunderstanding of facts and misapprehension of legal principles, Article 29(3) of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019) was enforced on January 16, 2020 is a number of industrial accidents where workers employed by the contractor work at a place where there is a risk of certain industrial accidents.