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(영문) 청주지방법원 2020.02.13 2019노1042
업무상과실치상
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant operates a secondhand shop with the trade name “C” in Chungcheong City B.

Since a person who separates new shares in LPG gas is in danger of explosion, there is a duty of care to remove all remaining gas in the state of prohibiting outside persons' access, and prevent accidents caused by gas explosion, such as not using inflammable tools such as oxygen cutting machines.

At around 09:30 on August 24, 2017, the Defendant neglected to take measures for the prevention of explosion or fire, such as having D, who had no experience in the separation of new stocks of LPG gas in the above C, neglect to perform the separation of new stocks without management and supervision, failing to take sufficient measures to prevent D or outside persons from accessing LPG gas, and not giving D, with due care not to use the oxygen cutting machine.

The Defendant, by the foregoing occupational negligence, suffered from the victim FF (50 years old), approximately 12 weeks of heart 2 and 3 degrees of eromatic eromatic eromatic eromatic eromatic eromatic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eroscopic eros that require approximately 8 weeks of treatment.

B. The lower court determined as follows based on the evidence in its judgment, i.e., (i) continuously aided the Defendant’s work on the secondhand of this case even if D is not an employee of the Defendant, and (ii) notified D of the method of separating new shares in gas through the accident from the second to third day before the accident occurred and asked D to divide new shares, and (iii) requested the Defendant to do so at all times. Thus, the Defendant was not only D but also the Defendant.

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