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(영문) 인천지방법원 2017.12.21 2017고단4690

업무상실화등

Text

Defendants shall be punished by imprisonment without prison labor for four months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B borrowed the name of G in the building floor painting construction of F factories in Namdong-gu Incheon Metropolitan City, and was awarded a contract of KRW 64 million from the victim H, the owner of the above factory, and was employed by Defendant A as a daily worker around 09:10 on February 10, 2017, and carried out building floor painting work (a concrete painting on the concrete floor) at the Aratan freezing warehouse located in the above factory on the first floor.

The Defendants had a duty of care to ensure that the workers, who are responsible for the construction site of the above floor, should supervise the workers so as not to have a close range of combustible materials in the surrounding area so that fire can not occur because the flames such as a cover for the prevention of scatterings do not run away from the surrounding area. Defendant A had a duty of care to ensure that the fire should be carried out at a appropriate distance from the surrounding combustible materials and that the flames do not occur.

Nevertheless, the Defendants neglected to do so and neglected to do so, and the fire occurred in the course of the works to be moved to the wall of the lebane in the lebane crebs by the lebane crebs.

The Defendants, by such occupational negligence, destroyed the general structure owned by the victim to cause damage equivalent to KRW 108,671,000 (amounting to KRW 643,474,061) in the calculation of a fire department (amounting to a fire insurance company’s damage assessment) and caused the victim who left the construction site to suffer from chronic pulmonary disease, etc. requiring treatment for about 60 days due to smoke and gas inhale.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H and I;

1. A written diagnosis of injury;

1. The notification of the 112 Reporting Department, its business registration certificate, power of attorney, and estimates of damage, etc.