All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Work as stated in the facts charged by workers at the Daegu Headquarters B (hereinafter “instant work”) does not constitute “regular inspection, maintenance, etc.” under Article 409(2) of the Rules on the Standards for Industrial Safety and Health (hereinafter “instant Rules”), and is merely “a repetitive confirmation of functions and conditions by simple land” or “a weak repeated maintenance.”

B. In addition, the instant work was conducted not on the line but on the platform and the vehicle’s interior, and it was conducted only in the platform and the vehicle’s interior, not on the one hand at a place where the risk of collision between the train and the worker is likely.

C. Since the person in charge of safety and health management of the Daegu Headquarters B is the head of Daegu Headquarters, the defendant A, who is a mere position C, is not the offender of the violation.

2. In full view of the following circumstances acknowledged by the lower court’s findings of mistake of facts and misapprehension of legal principles, the instant work constitutes “regular inspection, maintenance, etc.” under Article 409(2) of the Rules of this case, and the train and workers were conducted on the line at a place where there is a risk of collision, and the fact that Defendant A, who was in the position C, constituted an actor who instructed the said work.

The court below did not err by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion.

① The instant work is not conducted from the original point of view, but from March 24, 2016, it was necessary to reduce the time for the train to be maintained by entering the train where the shortage of trains occurred due to the scrapping of some of the diesel trains already used.

② The instant work does not merely take place on a platform or inside a vehicle by simply verifying it with the ground, but does not check the brakes that workers get off on the line.