logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.09.04 2013고정277
업무상실화
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the head of the Working Group of E Co., Ltd. awarded a subcontract for the miscellaneous portion of D Kindergarten Construction Work in Eunpyeong-gu Seoul Metropolitan Government, and F is a worker employed for the daily occupation of the above company and a person with a disability of class 3 of intellectual disability, who is not qualified as a contact technician.

On February 27, 2012, around 13:45, the Defendant instructed F to directly cut off the steel frame from the outer wall of the building at the site of the said new kindergarten construction project, and F had F do the above-mentioned contact work in accordance with the direction of the Defendant.

In such cases, F has a duty of care to ensure that the processed matter does not stick to another place in the course of melting, and that the paper located on the outer wall of the building has a duty of care to prevent the occurrence of fire due to adjoining areas, such as melting after installing a blocking room in preparation for the string of the processed matter on the strings of the building.

In addition, in such cases, the defendant, the head of the working group at the construction site, has a person who has a qualification certificate for a substitute technician, check fire prevention and the implementation of safety measures, etc. in advance, and is equipped with necessary safety equipment, such as installing a blocking room in preparation for the string of strings on the strings of materials, and the above F has a duty of care to directly manage and supervise the strings at the site because he did not have a qualification certificate for a substitute engineer and is class 3 of intellectual disability.

Nevertheless, the Defendant ordered F without a qualification certificate for a contact with F without any specific fire prevention or safety equipment, such as a blocking prevention, and left the site without managing and supervising F for safe work execution, etc., and F is proceeding with a melting without such safety equipment, and is eco-friendly where the processed excreta generated in the course of the contact is installed on the outer wall of the building concerned.

arrow