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(영문) 부산지방법원 동부지원 2017.06.08 2015고정1189

업무상과실치사

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The Defendants are not guilty of all, and the summary of the instant judgment is published against the Defendants.

Reasons

1. The summary of the facts charged is as follows: Defendant A, while serving as the Deputy Director of the Ministry of Land, Infrastructure and Transport for the Management of Rental Assets in the F local headquarters of the Korea Land and Housing Corporation, was in charge of the maintenance and repair of defects related to G apartment site 2 construction; Defendant B, who entered into a contract for the maintenance and repair works of HH Korea Land and Housing Corporation, was engaged in the maintenance and repair of defects arising from G apartment.

In the case of the instant apartment construction site, there was a passage leading to a ward in the front room without any blocking on the front room of the said apartment site, and the new apartment site was likely to cause an accident due to the former site. In fact, on February 15, 2013, there was no fixed device for the new apartment site was installed on February 15, 2013, and two children were in the situation of the accident, such as the new apartment site 117 dong 703, and the new apartment site 17 dong 703 (hereinafter “the primary accident”), and thus, the person engaged in the repair work of the apartment site, who is in charge of the repair work, has been informed of the necessity of the construction work for the repair of the defect, and if necessary, should have the duty of care to inform the residents of the danger and the necessity of the construction work for the prompt progress of the repair work for the repair of the defect, and if necessary, visit the construction directly and explain the reason for the repair work so that additional accident may not occur.

Nevertheless, on May 2, 2014, the Defendants’ negligence in the course of performing repair works for the prevention of additional accidents for a period of more than 14 months, caused the damage to the victim I (8 years old (hereinafter “victim”) under the 105-dong 706-dong 706 (hereinafter “the apartment of this case”) on May 2, 2014, when the Defendants had opened the new launch door (230cm in height, 120cm in width, 31cm in depth) with the new launch door (230cm in height, 120cm in width, 31cm in depth).