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The judgment below
Part of acquittal shall be reversed.
Defendant
A corporation shall be punished by a fine of KRW 10 million and the defendant corporation.
Reasons
1. The progress of the case and the scope of the trial of the court
A. The lower court acquitted Defendant G and H on the charge of violation of the Industrial Safety and Health Act, among the facts charged against Defendant G and H, and acquitted on the charge of violation of the Industrial Safety and Health Act, and acquitted Defendant I and J on the charge of violation of the Act (the violation of the Industrial Safety and Health Act).
Accordingly, Defendant G appealed from the judgment of the court below on the grounds of misunderstanding of facts, misunderstanding of legal principles and misunderstanding of sentencing, and the prosecutor appealed from the judgment of the court below on the guilty portion on the grounds of misunderstanding of legal principles as to the acquittal portion of the Defendants G.
2) Prior to remand, the trial rejected all the claims of Defendant G and the Prosecutor, and sentenced Defendant G’s appeal and the Prosecutor’s appeal to the Defendants.
Therefore, the prosecutor appealed on the part not guilty of the Defendants (the violation of the Industrial Safety and Health Act) on the ground of misunderstanding of legal principles.
3) In so determining, the Supreme Court rendered a judgment of remanding the part of the aforementioned acquittal prior to remanding, on the ground that there was an error by misapprehending the legal principles as to the business owner under Article 24(1) of the former Industrial Safety and Health Act (wholly amended by Act No. 16272, Jan. 15, 2019; hereinafter “former Industrial Safety and Health Act”), which affected the conclusion of the judgment, on the grounds that there was an error by misapprehending the legal principles as to the business owner under Article 24(1) of the former Industrial Safety and Health Act, which affected the judgment.
B. If there are several orders for the judgment, such as partial conviction, partial acquittal, etc., of the case prosecuted at the same time as concurrent crimes within the scope of adjudication in this Court, the part included in the one part may be separated from other parts, and in such a case, the part which both parties did not appeal may be separated and finalized (Supreme Court Decision 91Do145 delivered on January 21, 192).