The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) from February 1, 2014 to February 1, 2014, the Defendant is in charge of the safety management of the elevator located in C building while serving as the chief of the general affairs division under C Administrative Management Division; and (b) this may be recognized by the Defendant’s act of the chief of the administration, who affixed his signature and seal as a “representative of the executive administration” in the letter of approval on the elevator safety inspection box submitted

Therefore, although the defendant is deemed to be the managing body of the above building, the judgment of the court below which acquitted the defendant of the facts charged in this case is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged is the chief of the general affairs division of C administrative management, who is the managing body of D in Suwon-si, which is established in C building in Suwon-si.

The managing body of an elevator shall not operate the elevator without undergoing a regular inspection conducted by the Minister of National Safety for the relevant elevator.

Nevertheless, the Defendant operated the said elevator by May 27, 2015 without undergoing a regular inspection even after the lapse of September 3, 2014, on an elevator number E (hereinafter “elevator”) installed in the said building (hereinafter “instant elevator”).

B. The lower court’s judgment: (a) based on the evidence in its holding, the following: (b) the building C is managed by F or F; (c) the organization welfare division, security division, and administrative management division under the secretary general; and (d) the head and one director are working for each division; (c) the Defendant was working for the head of the general affairs division under the C Administrative Management division from February 1, 2014; and (d) G, the secretary of the C Secretariat, was appointed as an elevator safety manager under Article 16-2 of the Elevator Facilities Safety Management Act (hereinafter “elevator Act”); (c) G was appointed as the head of the C Secretariat on September 7, 201; (d) G was dismissed from office on September 30, 2012; and (e) G was subject to elevator management education.