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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the victim asked the defendant about the conclusion of the contract, and the defendant knew that transportation of the article is possible, and the defendant took overall control over the site of this case on the day of the case, etc., in light of the fact that the defendant is the business owner and Article 23 (3) of the Industrial Safety and Health Act provides that the defendant shall take necessary measures to prevent the fall risk even if the safety-related practice is not carried out, the court below found the defendant not guilty of the charges of this case even if the defendant violated his duty of care. The court below erred by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The lower court’s determination as to whether the Defendant is a business owner is: (a) the following circumstances acknowledged by the evidence, i.e., the instant article contract was concluded on August 2, 2016 between J and I, which is not entirely related to the Defendant Company, and the contract amount of KRW 1 million was finally determined on August 2, 2016; and (b) the date I paid KRW 100,000 to J as the down payment; (c) the Defendant did not involve any involvement in the conclusion of the above contract, the determination of the contract amount, the receipt of the JJ’s down payment, etc.; (b) insofar as the Defendant is not a business owner; and (c) there is room for doubt as to the position of the Defendant to be the business owner in itself; and (d) H may be viewed as the form of “F and the Defendant only provides equipment.”
Defendant
If the company is a company, the defendant made a testimony to the effect that the address of the place where the defendant will carry out the e-mail work is also stamped, and that the fact that he would be asked to the match F in relation to this case is different, etc., and ④ on the day of the accident, I balance with H.