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The judgment below
Of them, the part on Defendant B and D is reversed.
Defendant
B Fines 5,000,000, Defendant.
Reasons
1. Summary of grounds for appeal;
A. Since the prosecutor (misunderstanding of the facts against Defendant C) has been involved in the loading and unloading of steel in the past and had a person who is used for the purpose of the plaintiff perform his duties, the court below judged that there was no obligation to take safety measures corresponding thereto and sentenced the defendant not guilty. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. Defendant B, Co., Ltd. 1 and Defendant B did not have a position as a field manager and a person in charge of safety management, and Defendant B did not have a person responsible for the performance of a tree-related business. ② The victims did not neglect the work by ordering or being aware of a sunset, and ③ the FF Co., Ltd. (hereinafter “F”) performed work on an adjacent road other than the work site at night due to the instant work order on the side of the F Co., Ltd. (hereinafter “F”), and the right to command and supervise Defendant B was not limited to the work site at night. ④ Since there was an accident by combining the demand of victim R for unreasonable work progress and the fault of the shippers, there was no relation between the breach of duty of care and the accident.
2) The punishment sentenced by the lower court to the Defendants (Defendant B: one year of imprisonment, two years of suspended sentence, two years of community service order, 80 hours of community service order, Defendant D: fine of KRW 5,00,000) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the prosecutor’s assertion, namely, Article 23(3) of the Industrial Safety and Health Act and the relevant rules on occupational safety and health standards, which are acknowledged based on these evidence, are the duty to take safety measures against the business owner who employs a worker working in a dangerous place (a dangerous place). However, most cargo vehicles are carrying out transportation business only.