The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of one million won.

Defendant. A fine.

1. The summary of the grounds for appeal is that the defendant has a duty of care to take measures to ensure safe work in a state where measures to prevent accidents were taken on the individual site beyond simple safety education, guidance on safety, etc., and the defendant does not take necessary safety measures in breach of such duty of care, thereby causing the accident in this case. Thus, the defendant is guilty of causing bodily injury caused by duty or injury

2. In full view of the following facts and circumstances that can be recognized by the evidence duly adopted and investigated by the lower court, the Defendant has a duty of care to prevent accidents by implementing specific safety measures necessary for work at the construction site of this case, and the Defendant caused the accident in this case due to negligence that the Defendant failed to perform such duty of care.

It is reasonable to view it.

① According to the 5th section field map of the D Railroad Construction Construction Act (Evidence No. 157 page), at the time, an on-site organization of C, a total of 17 employees, were divided into safety, process, public duties, quality, and management departments, and thus, the “safety department” was exclusively responsible for the safety of the site. The safety department was composed of only the team leader K (general safety manager) and two representative Defendant (general safety manager) and the Defendant (general safety manager). In fact, the Defendant was in charge of the overall on-site safety.

② According to the schedule on the division of work at the fifth section of D Railroad Construction Co., Ltd. (Evidence No. 2: 155 pages), the Defendant is established at the site, as well as the “safety health education and training” and “inspection and improvement” under paragraphs (4) and (5) of the attached Table of Work Division at the time of the instant accident, and “other on-site safety management duties” under paragraph (11) of the same Article, which is “suspension of work at the time of the occurrence of a disaster”, “measures for the suspension of work at the time of the risk of the disaster,” “measures for the suspension of work at the risk area,” “measures for the suspension of work”