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(영문) 부산지방법원 동부지원 2018.02.07 2016고정404
업무상과실치상
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

D은 부산 N에 있는 O 산업단지 조성사업의 시행자인 ㈜P 의 대표이사이고, 피고인 B는 위 조성사업 공사의 시공사인 ㈜Q 의 현장 소장이고, 피고인 C은 ㈜Q으로부터 위 조성사업 중 ‘ 토공 및 철근 콘크리트 공사 ’를 하도급 받은 R( 주) 의 현장 소장이고, 피고인 A은 위 조성사업 공사의 전면책임 감리이다.

The site of the above development project consisting of geological features, which are the ground of the impermeable rock, and the geological characteristics of the land for the construction project consisting of an anti-explosion rock, and a large quantity of water can flow into the surface of the reinforced soil retaining wall inside the site for the construction project, so the Defendants had a duty of care to establish drainage treatment measures and prevent the collapse of the reinforced soil retaining wall.

Nevertheless, Defendants A and B do not install drainage facilities to prevent water from flowing into the inner part of the reinforced soil retaining wall construction site at the construction site of the above development project and to control and supervise the construction work of the development project including Defendant C and the reinforced soil retaining wall construction site. Defendant B, who is the site leader at the site site, does not install drainage facilities to prevent water flowing into the inner part of the reinforced soil retaining wall, unlike the drawing at the time of construction of the reinforced soil retaining wall, used 40 meters circulation aggregate not 25 meters away from the drawing at the time of construction of the above construction work, and shall supervise the construction work as designed. Defendant C and B did not install drainage facilities to prevent water from flowing into the inner part of the reinforced soil retaining wall, unlike the drawing of the design. Defendant B, who is the site leader at the site where the construction of the reinforced soil retaining wall is in charge of managing and supervising the construction project. Defendant B, who is obligated to use recycled aggregate not 25 meters away from the drawing of the design, failed Defendant C and Defendant B’s additional drainage facilities to the end of the construction work.

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