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(영문) 청주지방법원 2017.08.24 2017고단529
업무상실화
Text

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

However, the execution of each of the above penalties shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a person in charge of the site management and supervision of E removal works in the Heung-gu Seoul Metropolitan Government, which is a removal company, and the defendant A is a daily worker working at the above construction site.

On January 23, 2017, at around 10:00, the Defendants were engaged in the removal work of the sand site panel consisting of the interior walls of the factory in the above "E" factory, and there was a pipe adjoining the panel below the panel, and the pipe and sand location panel were removed in order to remove this.

In such a case, even if the above work is carried out by removing a sand position panel in a different way or using a mountain folder, Defendant B, the working officer, has a duty of care to conduct sufficient fire prevention and safety education, and the Defendants have a duty of care to take safety measures to prevent fire, such as leaving a flame retardant gun around the combustible material, in order to prevent the scattering of a melting fire, as there is a danger of fire because the aforesaid sand position panel is contained in a fluoring fluor, and thus, the Defendants have a duty of care to take safety measures to prevent fire, such as preparing adequate fire extinguishing devices near the workplace.

Nevertheless, the Defendants neglected to do so and caused the franchising fire to the wall surface of the neighboring panel of the place of work in the factory without proper and sufficient safety measures, such as a flame retardation and a cover for the prevention of franchising, and caused the franchising fire to spread inside and outside the franchising factory attached to the inside frostan of the sand position panel, thereby causing approximately KRW 300 million in total and inside machinery, etc. of the above E E, approximately KRW 100 million in total and inside machinery, etc. of the victim F, KRW 651,821,335 in the market price of G goods owned by the victim H, KRW 651,821,335 in the market price of part of the I building, and the market

Accordingly, the Defendants conspired with each other to perform the above duties.

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