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(영문) 대전지방법원 논산지원 2018.06.08 2018고단88

업무상실화

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A (56 years old, South) is a worker who is a daily worker C with the electricity of the past 30 years' experience.

Defendant

B(40) is the C representative director responsible for the construction site.

1. On October 26, 2017, Defendant A: (a) went off from the underground room of the D Welfare Center in Seosan-si on October 26, 2017; (b) was prepared for the trening work; and (c) the surrounding wall and the tent were made up of the string strings.

However, even though it has to pay attention by not taking safety measures such as sprinking fire sprinking or blocking, while conducting contact work, which is a duty to pay special attention to prevent fire, the underground facilities in the welfare center (40 square meters) were relocated to the whole as a whole, such as soundproof walls and ceilings during the melting work, due to negligence.

2. Although Defendant B, as a construction site manager, employed Defendant A, and imposed a duty of care to prevent fire through management and supervision, Defendant B neglected to do so, thereby resulting in the occurrence of the fire.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to fire site photographs and fire site surveys;

1. Relevant Articles 171, 170(1), 165, and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act