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(영문) 울산지방법원 2017.06.27 2016고정1391
업무상과실가스공급방해등
Text

Defendant

A A Fine of 6,00,000 won, Defendant C of 5,000,000 won, and Defendant D Company of 3,000,000 won.

Reasons

Punishment of the crime

Defendant

A as the chief of the D Co., Ltd. in the J at any time, the defendant C entered into a contract with the said D Co., Ltd. and engaged in excavation and astronomical work at the construction site of the above pipes, and the defendant D Co., Ltd (the representative director M) is a corporation established for the purpose of civil engineering and construction work.

1. Defendant A and C

A. D Co., Ltd. was awarded a subcontract from N around June 16, 2015 to N (State) to Nulsan-gun P in Ulsan-gun P to approximately 8km water supply pipes laid underground on the section of approximately 8km water from P in Ulsan-gun P.

Accordingly, on April 1, 2016, the Defendants laid the land near the location of the L in Ulsan-gun, Ulsan-gun on April 1, 2016 and carried out the work for installing steel structure at the same time.

Since various obstacles, such as water supply pipes, cable lines, and gas pipes, were laid underground at the above work site, the Defendants were obligated to confirm whether there exist obstacles, such as gas pipes, at the point where the Defendants intended to perform the astronomical work through the pipeline drawings, and to perform the excavation work at sufficient intervals from the point where the obstacles are laid underground, and to perform the excavation work at a point where the obstacles are laid underground, and there was a duty of care to avoid damaging existing gas pipes, etc. by performing the excavation work at a point where there is no obstruction.

Nevertheless, the Defendants neglected this and did not properly verify the location of the gas pipeline existing in the pipe drawings, etc., and did not request the us to conduct the astronomical work by extensively excavating 4 meters in width, 9 meters in length, 2.5 meters in depth to 3 meters from the underground site of the pipeline from the pipeline owner, and by negligence, Defendant A and C did not properly perform the test excavation without following such request.

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