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Defendant
All appeals filed by A, C and G and prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The part of each of the Defendant A and each of the instant items is referred only to as “Defendant”.
1) misunderstanding of facts and misapprehension of legal principles (the part on occupational and actual injury and violation of the Industrial Safety and Health Act) A) The Defendant delegated all duties related to the maintenance and repair of screen fish of F Co., Ltd. F (hereinafter “F”) to the head of the Technical Headquarters C and was unaware of specific work, and thus, the Defendant has a duty of care to prevent the occurrence of the instant accident.
It is difficult to see that there is no responsibility for occupational injury or death.
B) The Defendant is not in the position of a person in charge of safety and health management under the Industrial Safety and Health Act for the maintenance and repair of screened fish as seen above, and is not an employer or an offender under the aforesaid Act. Therefore, the Defendant is not liable for violating the Industrial Safety and Health Act
2) The sentence (20 million won) sentenced by the lower court to the Defendant, which was unfair sentencing, is too unreasonable.
B. Defendant C (Cheating in Sentencing)’s punishment sentenced by the lower court to the Defendant (the penalty amounting to KRW 10 million) is too unreasonable.
(c)
Defendant
G1) misunderstanding of facts and misunderstanding of legal principles (the part of a bribe granted) Defendant is a corporation established by the Seoul Matro and the Seoul Urban Railroad Corporation. The instant accident occurred when the Defendant was Seoul Matco prior to the establishment of the Seoul Urban Transport Corporation.
AG and AI, which are executive officers and employees, only share meals and bear expenses, and thus the relationship between duties and consideration cannot be recognized.
2) The punishment sentenced by the lower court to the Defendant (the penalty amounting to KRW 10 million) is too unreasonable.
(d)
(1) Prosecutor 1) misunderstanding of facts and misapprehension of legal principles (as to Defendant B, D, E, and Seoul Transport Corporation), Defendant B, D, and E’s occupational duties and real negligence, and the Defendants supervise and supervise the repair business entity maintaining screened fish, and immediately correct the violation of safety.