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(영문) 서울중앙지방법원 2014.01.16 2013고단6352

업무상실화

Text

Defendant

A and B shall be punished by imprisonment without prison labor for six months, and Defendant C shall be punished by imprisonment without prison labor for eight months.

However, from the date the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

C is a person who was entrusted by G with the reinforcement of the roof of “I” located in H in Jung-gu Seoul Metropolitan Government, and Defendant A and Defendant B are adjoining public officials.

1. At around 13:46, April 21, 2013, Defendant A and Defendant B’s negligence: (a) potent the sn beam on the roof of the “I” roof, and (b) snife the snife beam with the snife beam extending over the roof of the Hn beam; (c) one person snife the snife beam with the snife beam and attaching the snife beam using the snife machine by other persons.

In such a case, the Defendants had a duty of care to prevent fire in advance by removing inflammable substances at the construction site and preventing the melting flames from being scattered outside by using asbestos captures or plates.

Nevertheless, the Defendants neglected to do so and did melting work without taking any measures to prevent melting flames from being scattered outside, despite the fact that inflammable substances, such as punching, were found below the construction site.

2. Defendant C’s negligence instructed Defendant A and Defendant B to take measures to prevent fire, such as removing combustible substances at the site, or supervising the implementation of such measures to prevent fire in advance, because there was inflammable substances such as punching, etc., under the lower part of the construction site, and thus, the melting fire is anticipated to be scattered with inflammable substances, and thus, the Defendant had a duty of care to prevent fire in advance, such as monitoring the implementation thereof.

Nevertheless, while neglecting this, the Defendant did not instruct A and B to install asbestos captures, plates, etc. or not properly supervise the implementation thereof so that we do not contain inflammable substances in the construction site.

3. The Defendants’ negligence of the fire contents as above.