The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts (as to Defendant A, B, and C), the contract for the construction of the labor union in this case was concluded between Co., Ltd and Korea-NPS Co., Ltd., and as long as Defendant B was appointed as a disaster prevention manager and dispatched to the site, Defendant C constitutes “business owner” who bears the duty to take safety measures for workers in relation to the accident in this case, and Defendant A and B were acquitted of the above Defendants even though they were in a position to specifically direct and supervise and control the workers who were directly responsible for the construction of the labor union in this case.

B. The sentence imposed by the lower court on the Defendants (Defendant D and E) (Defendant D: a fine of KRW 12 million, Defendant E: a fine of KRW 10 million) is excessively uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The crime of violation of the Occupational Safety and Health Act with respect to a business owner is established only where the business owner orders the place of business operated by him/her to take safety measures under Article 23(1) of the Act without taking safety measures under the regulations, or neglects to take such measures despite being aware of the fact that the above work was performed without taking safety measures. The mere fact that the above dangerous work was performed without taking safety measures at the business owner’s place of business is not established.

(see, e.g., Supreme Court Decision 2006Do8874, Mar. 29, 2007). Moreover, there is a substantial employment relationship between an employer and his/her employee, under the premise that an employer is obligated to take safety measures to protect his/her employees.