Defendant

B shall be punished by a fine of 5 million won.

Defendant

B If the above fine is not paid, KRW 50,000.

Punishment of the crime

The defendant is a representative of G in Busan Metropolitan Government F, who is a related specialized engineer in the Building Act.

With respect to design documents for construction of retaining walls, etc. with a height of not less than 5 meters, the Defendant, as a related specialized engineer, has a duty to properly examine whether a building has a safe structure while loading and unloading the building in compliance with the Building Act and the Building Act, and other relevant Acts and subordinate statutes, and not to impede safety, function, and aesthetic view.

Nevertheless, at the above G office around May 2009, the Defendant did not properly examine the structural calculation including the underwater conditions of design documents, such as retaining walls and reinforcement soil of H High School New Construction Works written by A, and the fact was erroneous, despite the fact that structural review was conducted under the process, the Defendant signed and sealed the name of the Defendant in the structural calculation statement, which is the content that structural review is reasonable. On November 2009, the Defendant was requested by A to examine the modified design documents with the content that the length of partial reinforcement is increased, and then the modified design documents are reasonable without properly examining the structural calculation including the underwater conditions.

Accordingly, the Defendant did not perform his role as a related specialized engineer under the Building Act as above.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made by a witness I in the fourth protocol of the trial;

1. Each police statement made to I;

1. A report on an error investigation into the retaining wall structure;

1. A report on the calculation of factory sites and on the reinforcement and soil stability review report;

1. Determination on the summary of the findings of the precise safety diagnosis

1. The retaining wall of this case, which is the defense counsel's assertion, is not a "building" and thus, its structural proof.