The judgment of the court below is reversed.

Defendant

A. The Defendant B’s imprisonment with prison labor for up to 10 million won, for up to 8 months, and Defendant C.

1. Summary of grounds for appeal;

A. In fact, misunderstanding or legal principles 1) Whether the victim E bears the duty to take measures to prevent danger under the Industrial Safety and Health Act (the violation of the Industrial Safety and Health Act due to the death of the worker to the Defendants). Defendant C Co., Ltd. (hereinafter “Defendant C”) is recognized only for its employees. Defendant C Co., Ltd. (hereinafter “Defendant C”) leased a construction equipment lessee G, which is a construction equipment lessee, and was dispatched to the private person operating the construction machinery, and the victim was dispatched to Jincheon-gun D located (hereinafter “instant workplace”). Since the victim is a worker employed by G other than Defendant C, the victim is a worker employed by Defendant C and its employees, and thus, the victim violated the Industrial Safety and Health Act (Articles 71, 66-2, and 23(2) of the Industrial Safety and Health Act) (Article 71, 66-2, and 23(2)). However, the judgment below erred in the misapprehension of legal principles as to the facts charged, thereby affecting the conclusion of the judgment.

2) According to the Industrial Safety and Health Act, whether there exists a violation of the duty to take measures against danger under the said Act and considerable person (the violation of the Industrial Safety and Health Act due to the death of workers against the Defendants, and the occupational duties of Defendants A and B and the occupational duties of the Defendants and the occupational duties of the Defendants) have occurred while the instant accident was moving to a level of slope topography, not around 06:45 around the working hours (0:0 to 18:00) determined by the Defendants, and around 06:15, the victim was in the operation of the bar, and around 06:45. Considering the time and circumstances of the occurrence of the said accident, the Defendants are obliged to take measures such as preparing a work plan on the route and method of the operation of construction machinery, construction machinery, the placement of the guide and the prevention of subsidence of ground.