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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the Defendants not guilty of the violation of the Industrial Safety and Health Act, such as ordering the dismantling of the mine pumps, without installing additional work plates, safety nets, or safety belts, and failing to accurately inform the victims of the scope of the dismantling of the mine pumps, etc.; and it can be sufficiently recognized that such occupational negligence resulted in the fall and death of the victims. However, the court below erred in the misapprehension of facts.
2. Determination
A. The summary of the facts charged is that Defendant D (hereinafter “Defendant D”) is a corporation established for the purpose of construction business, etc., and is a business owner who executes new construction works of JB block 6 section, and Defendant C (hereinafter “Defendant C”) is a corporation established for the purpose of construction business, etc., which is a business owner who receives subcontracting from Defendant D among new construction works of JB block 6 section construction works.
Defendant
A is a person in charge of safety and health management at the Jable 6 construction site performed by Defendant D, and Defendant D is a person in charge of safety and health management at the site of Defendant D, and Defendant C is a person in charge of safety and health management.
1) On December 29, 2014, Defendant A, Defendant A, and B instructed the victim K to carry out a V dismantling work at the construction site of J block in the Hanam-si, Hanam-si, and the 15th floor of the 1807 dong 1807 dong 15.
Defendant
A and B shall, in the course of conducting work at a place at least two meters in height as a field manager at the site manager, install a work plate when it is likely to pose a danger to workers due to fall, and when it is impracticable to install it, have the safety net or workers wear a safety belt, and when assembling, dismantling, or changing the string of the month or at least five meters high, the time, scope, and scope of assembly, dissolution, or alteration.