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(영문) 의정부지방법원 고양지원 2014.05.28 2014고정30 (2)

업무상실화

Text

Defendants shall be punished by a fine of KRW 4,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B was a person who operates the "E parking lot" in Pakistan-si, and was employed by the Yongsan-si Defendant A, and continued to perform the construction of parking facilities.

1. On March 16, 2013, at the above parking lot around 14:13, Defendant A’s negligence: (a) cut the steel pipe to a length suitable for the parking zone in order to expand the parking zone for five sections; and (b) made the bones of the pole through the contact work connected to the parking zone columns, and carried out the work that surrounds the ceiling with a tent cover and bridge above it; (c) in such a case, Defendant A had a duty of care to remove inflammable substances from the construction site first and prevent a fire by preventing a sprink from being scattered outside by using asbestos sprinks, etc.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty of care by failing to take any measures to prevent melting flames from being scattered outside, while attaching a corrosion, which is inflammable substance, on the ceiling of parking facilities installed near the construction site.

2. Defendant B’s negligence committed an occupational duty of care to prevent fire in advance by ordering work workers to take measures to prevent the melting flames from scattering, and supervising the implementation of such measures, on the ground that there was a ion cover cover and parked vehicle around the construction site, and thus, the melting fire is anticipated to be emitted by scattering in combustible substances as seen above, and that there was a duty of care to prevent fire in advance.

Nevertheless, the defendant neglected this and caused A to be attached to the ceiling of parking facilities near the construction site.