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(영문) 대법원 2014.04.10 2013도8891
업무상과실치사등
Text

The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

Reasons

We examine the grounds of appeal.

1. Summary of the facts charged in this case

A. At around 11:00 on March 11, 201, the Defendant engaged in work to replace the boiler from the Victim F (the age of 41) upon request, and upon receipt of the victim’s request, install the boiler replacement with 50,000 won from the boiler rooms located in the H public health clinic in Chungcheongnam-gun, Chungcheongnam-gun, in which the victim resides. To newly install the boiler, the boiler purchased the boiler is at a lower height of 10 cm compared with the previously installed boiler, so that the difference between the gas hole and the gas hole poted to the wall of the boiler room is necessary to have a longer exhauster, and the new boiler is supplied with a length exhauster, but it is replaced with the boiler at another place, and thus, it is unreasonable to have the victim use the boiler at a less than the distance from the wall installed in the new boiler to the gas boiler, and thus, it is difficult to replace the newly installed one hole with the air hole without using the air hole to the end of the new boiler.

B. In order to run the heating construction business in violation of the Framework Act on the Construction Industry, the Defendant is required to register the construction business according to the category of business and without registering the heating construction business.

As set forth in paragraph (1), the boiler was installed.

2. Occupational death.

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