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(영문) 수원지방법원 안산지원 2018.07.26 2018고단1593
업무상실화
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendants A and B committed joint crimes around March 21, 2018, under the direction to install a Htel-type sculpture on the site of the Htel-type construction work (one-time, non-one-time, and one-way) and to fix each scrap metal, Defendant A and Defendant B were engaged in adjoining work on the upper side of each scrap metal.

In such cases, since the flames that occurred in the course of adjacent work are far away from the place of work and there is a risk of fire, it is necessary to place the light flames out well by a fire-proof net (one-time): and in particular, since the above place is work at a high-rise building near the seaside, it is likely that the light flames might occur due to the wind's impact, and there is a duty of care to safely perform construction and prevent the fire in advance, such as the suspension of winding work.

Nevertheless, while the Defendants were in use with their joint neglect, they moved to a fire-fighting pumps vulnerable to the fire that come to contact with the outer wall board of the building, and destroyed the construction cost of approximately KRW 254,100,000 by 50 square meters of the outer wall of the building to the extent that the construction cost of approximately KRW 254,100,000, is around 500 square meters of the building.

2. Defendant C is a site warden of Htel construction work.

On March 21, 2018, around 07:00, the Defendant issued a work instruction on the installation of rooftop sculptures (one life: the other hand) to the said A and B at the site of the construction of Htel-type construction work at Htel-type (one life).

In such cases, since the fire is likely to occur due to the flame that occurs in the course of the melting work, the head of the site site shall direct and supervise the melting fire so as not to lower the lower, and in particular, the above place is an area affected by the wind due to the new construction of a high-rise building near the seaside, so that the melting fire can not be seen as wind, and if the wind is very wind, it shall be immediately suspended.

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