The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A The above fine shall be imposed.

1. The summary of the facts charged in this case is that Defendant B Co., Ltd. (hereinafter referred to as “B”) is a field manager of the “D hotel construction work” performed by Gangnam-gu Seoul in Seoul (hereinafter referred to as “D hotel construction work”) and is responsible for all matters concerning the safety and health of his employees, and is an act for Defendant B, who is the business owner.

Defendant

B is a corporation that has carried on construction business, etc. in Seongdong-gu Seoul building, and is a business owner who has been awarded a contract from F (Representative M) to KRW 6,737,00,000 for the construction cost of the instant construction from March 18, 2016.

Defendant

A1) The primary charge is that a business owner violates protective measures for fire prevention (a) shall take necessary measures to prevent hazards caused by explosive, inflammable or inflammable substances in carrying on a business.

위와 같이 사업주는 통풍이나 환기가 충분하지 않고 가연물이 있는 건축물 내부나 설비 내부에서 화재위험작업을 하는 경우에는 화재예방에 필요한 용접불티 비산방지덮개, 용접방화포 등 불�, 불티 등 비산방지조치를 하여야 함에도 불구하고, 피고인 A은 2017. 10. 19. 이 사건 공사현장에서 가연물이 있는 상기 건물(이하 ‘이 사건 건물’이라 한다) 2층 내부에서 용접작업(이하 ‘이 사건 용접작업’이라 한다)시 화재예방을 위한 방호조치를 하지 아니하였다.

When the workers employed by the contractor work at a place where there is a risk of industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, such as a place where earth and sand collapse, fire, explosion, fall or fall down, the business owner shall take measures to prevent industrial accidents prescribed by Ordinance of the Ministry of Employment and Labor, such as the installation of safety and health facilities, and in detail, he/she shall take measures for preventing industrial accidents, such as installation of safety and health facilities.