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(영문) 수원지방법원 안양지원 2019.09.18 2018고단1747
업무상과실치상등
Text

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

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

Reasons

Punishment of the crime

[Judgment of the court below] Defendant A is a person who performs the duties of site management, etc. as the general duties of “D” as a construction wholesale and retail chain dealing with structures dismantling and scrap iron in Gyeonggi-do, and Defendant B is a person who is employed by “D” as a worker with approximately 30-year work experience and who works for a group work.

On November 27, 2017, "D" entered into a contract with the representative of the occupants of the member-gu E apartment unit in the Gyeonggi-si, Gyeonggi-do, to remove the deteriorated central heating-related facility pipelines.

【Criminal Facts】

On January 3, 2018, at around 09:00, the Defendants: (a) in the underground room, E apartment Fdong G-H headra; (b) Defendant A inspected the use environment of the above underground room; and (c) ordered Defendant B to start the use of the string unit; and (d) Defendant B cut off the aged heating pipes using the oxygen cutting machine with one assistant according to the above instructions.

At that time, Defendant B was in the process of cutting off by using a oxygen cutting machine, and thus, the Defendants should not store or store combustible materials within 10 meters around the workplace, and if it is difficult to remove combustible materials, there was a duty of care to take protective measures, such as prevention capture, etc.

Nevertheless, the Defendants’ negligence in the course of the use of the sprinks without taking protective measures such as removing or preventing, removing, etc., left the sprinks by the occupational negligence. Defendant B put the sprinks into the sprinks that were subsequently left by the panel formed by Defendant B in the process of cutting heating pipes to the sprinks. On the same day, around 10:07 on the same day, the sprinks were attached to the sprinks with all kinds of pipes and electric facilities, etc., from among the total area of 140 square meters in the underground room where the sprinks and electric facilities, etc. are installed.

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