All the appeals by the prosecutor are dismissed.

1. The summary of the grounds for appeal (e.g., indubity) of the lower judgment (e.g., a fine of KRW 3 million, and a fine of KRW 5 million), is too uneased and unreasonable.

2. In light of the legislative intent of the Occupational Safety and Health Act, which imposes various duties to take safety measures and health measures necessary to ensure the safety of workers who are at risk at industrial sites and to prevent risks that may occur to workers, the fact that the instant accident resulted in the death of workers due to the instant accident is disadvantageous to others, such as the fact that there is a need for strict punishment corresponding to the failure to take safety measures.

However, there are extenuating circumstances to consider the Defendants’ mistake, and there is no criminal history, and there was only consensus with their bereaved family members, and that the amount of compensation would have been paid to their bereaved family members, as well as that the Defendants’ wife wanted to have the Defendant. In addition, comprehensively taking account of all the sentencing conditions, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not deemed unfair to the extent that the sentence of the lower court is reversed.

3. The final appeal by the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.