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(영문) 수원지방법원 2019.09.05 2019고단3273
업무상실화
Text

Defendants shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Defendant

A and Defendant B worked at the site of E road expansion works conducted in D from around 2016 to the employees of D Co., Ltd., and Defendant C is an employee of the above D, who is in charge of the above road expansion work site.

1. On November 2, 2018, at around 09:29:29, Defendant A and Defendants B: (a) cut the roof of the commercial building located in F in the sphere of Suwon-si, Suwon-si, in order to remove the commercial building to be housed in E-exploited works, Defendant A cut the roof of the two iron metal into the rash (high speed cuter) and Defendant B spread water around the upper part of the two iron metal cut off from the next side.

As such, in the process of cutting off using his/her agent, a large amount of fire is likely to occur, the Defendants, who are workers, have the duty of care to prevent the occurrence of fire, such as organizing inflammable materials located around the workplace, installing a fire-prevention capture on the roof, and posting a fire watcher.

Nevertheless, the Defendants did not dispose of inflammable materials in the vicinity and did not install a fire prevention capture, and did not place fire monitors to the entire commercial buildings through occupational categories, occupational categories that did not take necessary measures to prevent the occurrence of fire, occupational categories that cut off the roof of the two iron bars of the above commercial buildings, the sti pumps of the wall surface of the commercial buildings located below the roof, and the stiren zone of the wall of the commercial buildings located below the roof and the wooden materials for the construction on the floor.

In the same way, inside, outside, and in the same way, the city of 30,370,000,000 won attached to the “H” restaurant of the victim G operation located adjacent to the commercial building subject to the removal of the non-breadth continuously takes place, and in the same way, the inside, outside, and the heading place inside, outside, and the heading place at the market value equivalent to 50,000,000 won fixed to the “J” restaurant operated by the victim I are in fire.

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