All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendants: (a) ordered the construction to Defendant B Co-Defendant B Co-Defendant B Co-Defendant B (hereinafter “B”); and (b) the victims are workers employed by B; and (c) the Defendants are not responsible for violating the Industrial Safety and Health Act.

B. The Defendants asserts that the sentence of the lower court [two years of suspended sentence for Defendant C: Imprisonment for four months, and fine of three million won for Defendant D (hereinafter “D”)] is too unlimited and unfair, while the Prosecutor asserts that the sentence against Defendant C is too unfasible and unfair. However, the Prosecutor asserts that the sentence against the Defendant C is too unfasible.

2. Determination

A. According to Article 29(3) of the Act on Promotion of Industry and Safety, where a business operated in the same place consists of a specialized construction project, and is implemented by a specialized construction project, the business owner who is given a contract for all specialized construction works shall take measures to prevent industrial accidents, such as the installation of safety and health facilities, when his/her employees work in a place at risk of industrial accidents, such as collapse of earth and sand, fire, explosion, fall or fall, etc.

According to the records, Defendant D ordered B to undertake steel reinforced concrete construction among the new construction works of building, and Defendant C is a general manager in charge of safety and health of Defendant D and the victim is employed by the victim, and the Defendants are obligated to take measures to prevent industrial accidents caused by fall by installing safety rails, work boards, etc. in a place where the victim is at risk of falling.

Therefore, the Defendants’ assertion of factual mistake is rejected.

B. As a result of the implementation of preventive measures to prevent the fall of workers, the Defendants were killed by the victim, and the victims and their bereaved family members were not only injured but also did not agree with the bereaved family members.