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1. The part of the judgment of the court below regarding Defendant B shall be reversed.
2. Defendant B shall be punished by a fine of KRW 7,000,000.
3.2
Reasons
1. Summary of grounds for appeal;
A. As to (i) Whether safety measures under laws and regulations have been implemented, the lower court erred by failing to perform the duty to take safety measures under the Rules on the Standards for Occupational Safety and Health (hereinafter “instant Rules”) to Defendant A.
This was the basis for determining the guilty of Defendant A and Defendant Korean Railroad Construction.
However, in light of the following, the lower court’s determination is extremely unfair because it was based on misunderstanding of facts or misunderstanding the purport of the provision of the instant rule.
① First of all, the victim’s TR5 transformers (hereinafter “the instant transformers”) affected by the instant accident are installed out of a closed square, covering the NA.1 transformers and three cables connected thereto (hereinafter “NO.1”) and three cables connected thereto (hereinafter “NO.2 parts”) connected thereto. As such, the part of NO.2 also was in a state of fulfilling the duty of protection under Article 301 of the instant Rule, and there is no need for additional charging protection measures.
② Article 321(1) of the instant Rule provides that “The handling of charging paths or works in the vicinity thereof” is divided into “handling” and “ adjacent works.”
In addition, subparagraph 3 provides that "the worker who handles charging paths shall wear a string protective outfit suitable for his/her work" to limit the workers who handle the objects of wearing a string protective tool to the charging way.
However, in this case, the victim was planned to work on the part of NO.1, which is the front line, and was treated as a charging path at the time of the accident.
As such, Defendants and Defendant Korean Railroad Corporation cannot be seen as having a duty to install a protective outfit for the victim pursuant to the above provision.
③ Article 321 of the instant Rules