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(영문) 전주지방법원 정읍지원 2016.05.24 2016고단5
업무상과실폭발성물건파열등
Text

Defendant

A A shall be punished by imprisonment without prison labor for ten months and by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

Defendant

A is an employee of a limited company E engaged in the construction of gas facilities and was in charge of a site leader of the F-Eup city Urban Gas Conversion Project in order to take place from October 12, 2015 to the 16th day of the same month, and Defendant B is a person who had daily work at the construction site at the above site.

Defendant

B was in charge of the replacement of gas measuring instruments by entering the above apartment construction site and replacing the gas measuring instruments. Defendant A was in charge of performing airtight testing (the work of injecting the gas into the gas pipe to verify whether gas is leaked after the replacement of the gas measuring instrument) to ensure whether gas emitted after the replacement of the gas measuring instrument after the completion of the work to replace the gas measuring instrument. As such, Defendant B had the occupational duty of care to ensure that gas emitted from the gas measuring instrument after the replacement of the gas measuring instrument. Defendant A had the duty of care to ensure that gas emitted from the gas measuring instrument after the replacement of the gas measuring instrument. Defendant A had the duty of care to check whether gas emitted through airtight testing after the completion of the work.

Nevertheless, Defendant B continued to replace gas measuring instruments on October 16, 2015 at 15:0, 103-dong 103-dong 805-dong 105, and caused gas to flow out after replacing gas measuring instruments. Defendant A failed to check that gas emitted from the construction site due to personal usage after undergoing an airtight test even after the completion of the work to replace gas measuring instruments.

Ultimately, the Defendants conspired to replace gas measuring instruments by occupational negligence as above, from October 16, 2015 to October 15, 2015.

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