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(영문) 대법원 2016.07.22 2016도3749

업무상과실치사등

Text

Prosecutor and Defendant J, K, and W are all dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Judgment on the grounds of appeal by the prosecutor in regard to occupational deterioration and death or injury caused by occupational negligence

A. The lower court against Defendant H and I, in full view of the facts and circumstances as indicated in its reasoning regarding the occurrence and spread of a fire, the details of the damage incurred, the location and operation scope of a sprinkler, the process of blocking all fire air conditioners, the contract relationship for the installation of gas pipeline works and fire-fighting pipeline works, etc., the status of the above Defendants and the details of their duties, etc., as well as the instant construction works ordered by the said Company as an employee of the said Company, Defendant H and I, as indicated in the facts charged, managed the instant construction works for which the said Company leased the first underground floor of the building and ordered by the said Company, and as indicated in the facts charged, violated the duty of Defendant K to confirm the scope of blocking all fire air conditioners, coordinate the schedule and section of gas pipeline works and sprinkler works, or instruct or supervise the Defendant K to take safety measures, such as removal of air pumps pumps, or fire-proof salt treatment.

It is difficult to recognize that Defendant K did not guide and supervise Defendant K not take measures to discharge water from the spug pipe pipes, but it was proved that it had a relation equivalent to the outcome of the instant case.

It is difficult to see

The decision was determined.

In addition, the lower court, on the grounds indicated in its reasoning, based on the evidence submitted by the prosecutor, approved the construction without examining the safety of the construction work by Defendant W, a corporation entrusted with the facility management of the building, in violation of the duty to take measures such as the stated in the facts charged, as a person in charge of the construction-related affairs. ② The construction work of the machinery and equipment was conducted without prior notice that the construction work may be reduced by T.