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(영문) 서울동부지방법원 2019.10.14 2019고단1378

업무상과실치상

Text

Defendant

B The Defendant C shall be punished by imprisonment without prison labor for four months, and six months, respectively.

However, this judgment is delivered to the above Defendants.

Reasons

Punishment of the crime

Defendant

B is a building company as a person responsible for on-site management in D, and the defendant C is a person working as a mechanical and electrical manager of the building in Gwangjin-gu Seoul Special Metropolitan City.

Defendant

B requested the victim F, who is the head of the above E-management office, to install a cooperative winding equipment to remove malodor from the underground pumps room inside the E-five-story integrated electricity room, and around 07:30 on August 10, 2018, A, who is an employee of the above D, had the above D workers carry out a potent work using the locking to the wall of the above integrated electricity room.

At the time, the above wall lower part of the wall had a fire reduction control device and a carbon emitting device installed, and inside the wall had an internal distribution line connected to the above device, and thus, the Defendants had a duty of care to investigate the route in which the electric distribution line was inserted on the wall before carrying out the work for drilling the wall, to ensure that the work is conducted safely after checking the route in which the electric distribution line was inserted on the wall, and to ascertain the absence of any risk factor, and to ascertain the causes of the fire alert during the work in detail.

Nevertheless, even though there was no knowledge about the structure of the building and the distribution of electricity, Defendant B was awarded a contract for the installation of a cooperative distribution system for the removal of malodor in the underground pumps room, and caused A to be informed of the position of the other party and work without consideration of the location of the electrical distribution line. Defendant C, who was the manager of the machinery department of the building E, was the manager of the machinery department of the building E, and was outside the above ceiling work site, ordered A to continue to work without understanding the cause.

Ultimately, at around 09:10 on the same day due to the above joint negligence of the Defendants, carbon emissions devices installed on the wall lower part of the wall due to the damage to the air exhausters and the electric power exhausters inside the wall due to the above-mentioned ceiling work, and carbon dioxide emissions are emitted between net meals, and thus, the integrated electricity room is to confirm the accident site.