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(영문) 수원지방법원 2020.06.25 2020고단2193
업무상실화
Text

[Defendant A] The defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

Defendant

A, as the person in charge at the construction site of Defendant E (hereinafter “Defendant E”) who performs construction work, such as fire doors, windows, and a rail scisf, at the construction site of the F new construction site of the wife population F, at the lower office, at the construction site of Defendant E Co., Ltd. (hereinafter “Defendant E”), Defendant B served as the contacter at the construction site of the above construction site, and Defendant C as the contact assistant. Defendant Company is a corporation established for the purpose of interior construction work, steel construction work, etc., and Defendant D is the representative director of the Defendant Company.

1. At around 06:50 on December 6, 2019, Defendant A, B, and C co-principaled Defendant B, according to the direction of Defendant A, who was a field supervisor, the fire supervisor, and carried out melting and pressing work for the construction of a rail of the first floor above the south of the logistics terminal.

In the process of such work, there is a risk of fire due to the outbreak of flames, and thus, Defendant B, as a fire supervisor, and Defendant C had a duty of care to prevent the occurrence of fire, such as removing inflammable substances around the workplace, installing facilities to prevent fire while carrying fire extinguishers, etc., and Defendant A had a duty of care to check whether a fire workr and a fire monitor have fulfilled the measures to prevent the occurrence of fire as above.

Nevertheless, the Defendants neglected the above duty of care and did not take necessary measures to prevent the occurrence of a fire, such as installing a ePS block with sti pumps materials, on the bottom of the 1st floor of the rail at which stikes are likely to be scattered, without properly verifying the ePS block. On the same day, Defendant B installed the 1st floor railer with Defendant C’s subsidization and stimulated.

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