The case holding that there is no direct duty of care to devise detailed safety measures for safety accidents in the factory site;

In response to this, if the head of a factory takes charge of all the works of the factory, if the head of the safety management division bears the responsibility for safety management, the employees who do not directly command and supervise the factory shall be aware of the violation of the safety rules, and in response to this, there is no specific and direct duty to take detailed safety measures for each work.

Article 268 of the Criminal Act

Defendant

Prosecutor

Attorney Park Jong-soo

Seoul Criminal Court Decision 87No3668 delivered on June 24, 1988

The appeal is dismissed.

According to the reasoning of the judgment below, the court below acknowledged that the defendant was in office as the main factory of the non-indicted stock company from January 1, 1986 to April 1987, and the accident occurred on November 17, 1986 during that period, but it was done by 35 employees of E.C.C. under the direction and supervision of the office in charge of the management of the company, and the safety management responsibility for it was borne by the chief of the safety management division, and the defendant was in charge of all the work of the factory as the head of the factory, but he was in charge of all the work of the factory, but he was not under direct direction and supervision of the accident. C.C. employees did not know that the safety regulations of this case were violated, and found the defendant not guilty of the defendant. Accordingly, comparing the reasons of the judgment of the court below and the evidence at the time, the court below's fact-finding and legal judgment can be justified, and there is no ground for violation of the rules of evidence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Young-young (Presiding Justice)