Defendants are not guilty.

1. Summary of the facts charged in this case

A. Defendant A is the representative director of the elevator manufacturing company in Gangseo-gu Busan Metropolitan City, who is a business owner, and E is a person who operates G, which is an elevator installation company in Busan Metropolitan City, 102 Dong 614.

On November 16, 2012, the LAB contracted to install elevators which are part of the HG elevator production and installation works.

When a business owner who contracts part of his/her business to contract for work at a place where his/her workers are in danger of falling, such as an elevator hole, etc., he/she shall install a strong structure with sufficient strength to take protective measures, such as safety gap, fence, vertical fall net, cover, etc.

Nevertheless, the Defendant, on March 11, 2013, at around 09:27, at the factory (207 dong) in the construction site of HG elevator in Gangseo-gu Busan Gangseo-gu, Busan, the third floor elevator board (14m high) to which G workers might fall, did not have a strong structure with sufficient strength to protective measures, such as safety risks, fences, vertical fall-off networks, or covers.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) committed the above violation at the time and place specified in paragraph (1).

2. Article 68 Subparag. 2 of the former Industrial Safety and Health Act (amended by Act No. 11882, Jun. 12, 2013; hereinafter the same) provides that “Any person who violates Article 29(3) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won,” and Article 29(3) of the same Act provides that “a business owner under paragraph (1) shall engage in work at a place where his/her employees are at risk of industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor.”