The defendant's appeal is dismissed.

As to the death of an employee due to a violation of the duty to take safety measures against serious accidents that occurred on January 8, 2016 among the facts charged in the instant case, the Defendant: (a) laid off the surrounding area of the instant site with soil to prevent the outside person from entering the site; (b) controlled the outside person at the entrance of the site; (c) the Defendant posted B Co., Ltd. (hereinafter “B”)’s regular G as a construction machine for the instant site to a superior guide; (d) G arbitrarily takes the place; and (g) E, a dump truck driver, did not work from the instant site; and (e) in light of the surrounding and following circumstances, it cannot be deemed that the Defendant committed suicide in violation of the duty prescribed in Article 200(1) of the Rules on the Standards for Industrial Safety and Health.

Of the facts charged in the instant case, as to the violation of the duty to take safety measures under Article 1(b) through (d) related to the regular supervision at the scene of a serious accident on February 18, 2016, the Defendant removed safety railing and power level covers to remove the sandbox, and the Defendant did not take measures to prevent the transfer of oxygen and LPG gas containers at the time of regular supervision because it was used for the removal of sandbox and LPG gas containers at the time of regular supervision, and the Defendant did not perform the duty to take safety measures as stated in this part of the facts charged.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous by mistake.

The punishment sentenced by the court below (six months of imprisonment, one year of suspended sentence) is too unreasonable.

In the instant facts charged, an employee is due to a breach of duty to take safety measures related to serious accidents, which occurred on January 8, 2016, among the facts charged.