All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 2 and 3

A. Article 23(3) of the Industrial Safety and Health Act (hereinafter “the Act”) provides that business owners shall take necessary measures to prevent risks in the course of performing their work, such as places where buildings, etc. might collapse, etc. are anticipated, and delegates safety measures to be taken by business owners under Article 23(4) of the Act to the Minister of Employment and Labor.

In addition, the rules on the occupational safety and health standards delegated by the business owner (hereinafter “Rules”) specifically stipulate the necessary measures to be taken by the business owner to prevent any danger according to the type of work, etc., and Article 66-2 of the Act provides that the business owner shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding KRW 100 million if the business owner violates the duty to take measures necessary to prevent such danger.

In full view of these provisions, the crime of violation of Articles 66-2 and 23(3) of the Act against the business owner is established only when the business owner instructs the business owner to take safety measures prescribed in Article 23(3) of the Act in relation to the dangerous work at his/her workplace operated by him/her, or neglects to take such measures despite being aware of the fact that the above work was performed without taking such measures, and the crime of violation is not established solely on the fact that the safety measures other than the safety measures prescribed in the regulations have not been taken.