All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A and C: six months of imprisonment, two years of probation, two years of community service order, 120 hours of community service order, Defendant D Co., Ltd.: fine of KRW 5 million: fine of KRW 5 million, Defendant E: imprisonment without prison labor for six months of probation, two years of probation, and 120 hours of community service order) is too unreasonable.

B. The lower court’s sentence against the Defendant A, C, and E of the Prosecutor is too unhued and unreasonable.

2. The instant judgment resulted in a serious result that the victim’s death was a dead victim, which led to the victim’s bereaved family members having a big mental and economic impact.

Defendant

A is a person in charge of safety and health management of B Co., Ltd., a subcontractor. Defendant C, as a contractor, was not in charge of the field manager and safety and health management of Defendant D Co., Ltd., but failed to perform it despite its duty to conduct ground surveys, prepare a work plan therefor, and take measures to prevent subsidence of the ground. As a result, Defendant E continued to work in a timely manner with awareness of the weak ground of the place where the pumps were set a pumps. Thus, Defendant D Co., Ltd is not liable.

In addition, Defendant C and D did not take measures to protect openings, etc., and to prevent electricity at the time of handling containers such as gas at the construction site.

However, the defendants are able to repent their mistakes.

Defendant

D Co., Ltd. deposited KRW 10 million for AE, the heir of the victim, and Defendant D Co., Ltd and the above B Co., Ltd. subscribed to the liability insurance of KRW 200 million each limit, and the above AE paid KRW 170 million for the bereaved family’s compensation from the Korea Workers’ Welfare Service and most of the economic damage were recovered.

Defendant

D and B agreed with AE as an agent of the above AE’s accommodation as a minor, but thereafter the AE’s person with parental authority was designated as a Y.