All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal did not perform safety measures such as the victim E’s duty to wear a smoke-saving protective outfit while performing elevator repair work, and caused the death of the above victim. However, the court below determined that the defendants did not have such duty of care. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is Defendant B, the purpose of which is to install and maintain elevators located in the 305 unit of the D Building in Seongbuk-gu, Sungnam-si, and Defendant A, as the representative director of the said company, is a general manager in charge of safety and health management for workers. Victim E, from November 8, 2010 to August 12, 201, worked as field employees in charge of elevator maintenance and repair at the said company.

1. Defendant A has a duty to take safety measures, such as blocking paths in order to prevent any danger caused by the string of the elevator, and allowing workers to have their body contacted directly with the strings, or not indirectly contacted with the strings, tools, or devices, to wear a smoke protective device suitable for the work, and to prevent accidents in advance.

Nevertheless, on August 12, 2011, when the victim E, who is an employee of the above company, does not take safety measures such as wearing a smoke-free protective outfit when performing repair work for the F apartment 102 elevators in Sungnam-si, the defendant A, by negligence, caused the death of the patient at around 13:10 on September 17:24, 201 while being hospitalized in the G hospital room.

As a result, Defendant A will take safety measures.