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(영문) 수원지방법원 성남지원 2020.06.03 2020고단891

업무상실화

Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

Defendant

A is the head of the work team who is commissioned to perform construction works, such as building repairs and waterproofing, in Gwangju City City, and Defendant B is a daily worker dispatched from “D Human Resources Office” and a person who belongs to Defendant A’s work team and performs waterproof work.

On March 13, 2019, when the Defendants performed waterproof construction works at the request of the owner of the above building G from the factory building of F Co., Ltd. in Gwangju City, the Defendants were to proceed with the construction of brick in the water leakage area of the outer wall of the building and to the cement should be cut down in the natural drying state, despite the fact that cement Barun and cement should be cut down until a certain period of construction is cut down, in order to reduce it, the Defendants were to proceed with the construction by cutting the heat generated from gas soil into cement surface.

At the same time, materials, such as sand position panel, which are easily burned, were attached, and Defendant B was not aware of the high heat work using a fire such as gas soil. As such, Defendant B had a duty of care to prevent fire by taking safety measures, such as posting a supervisor or assistant to command or installing a prevention capture to prevent fire from sprinking.

Nevertheless, Defendant A, as the team leader, instructed Defendant B to use gas soil for the first time to purchase construction materials, left the site to purchase them, and Defendant B, without taking safety measures such as the installation of prevention capture, destroyed medical supplies owned by the victim, which are equivalent to KRW 101,980,50, and KRW 498,431,386, and KRW 498,386.

Accordingly, the Defendants jointly carry out the above duties.