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(영문) 인천지방법원 부천지원 2014.06.11 2014고단569
업무상실화
Text

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

Reasons

Punishment of the crime

Defendant

At around 11:10 on July 31, 2013, A and Defendant B, under the direction of Defendant C, had the floor-proof construction work of air conditioners in the “G” plant operated by the F located in the Orcheon-gu, Seocheon-gu.

In the event that a plastic substance is inflammable, which was used in a waterproofing process at the time, is used as a flammable substance, it shall not be used together with a burner because the incombustible substance occurs in the event of a burner.

Defendant

A was engaged in a waterproofing process by using a flammable substance, which is a inflammable substance at the time. In such a case, A had a duty of care to check whether fire, such as gas, was used in the vicinity, and to take measures, such as suspending the waterproofing process or suspending the use of fire, etc. when the work of using a fire is underway, and Defendant B had a duty of care to supervise Defendant A and Defendant B, as a field manager of the construction site, so he had a duty of care to prevent both Defendant A and Defendant B from carrying out a waterproofing work by using a flammable substance, which is a inflammable substance, and Defendant B, as a manager of the construction site, from carrying out a duty of care.

Nevertheless, the Defendants’ negligence in breach of the above duty of care and caused Defendant A to simultaneously carry out the work of removing the water source of the floor at the corner of the air conditioning room, but Defendant B caused Defendant B to transfer gas soil to Amp, a waterproof agent, and destroyed the F-owned market price of 60 square meters at 123,792,000.

Accordingly, the Defendants conspired to fire a factory owned by F by negligence in the course of business.

Summary of Evidence

1. Defendants’ respective legal statements 1.1.

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