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(영문) 의정부지방법원 고양지원 2015.02.10 2014고단1566
업무상실화
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. The summary of the facts charged is that the Defendant is “the instant company” for convenience after the “stock company D” (a company established for the purpose of general waste recycling business, etc.) located in Yongsan-gu Seoul Metropolitan Government C.

as the representative director of the company, a person who exercises overall control over the operation of the company, factory management, etc.

On March 18, 2014, the Defendant, at around 21:35, performed a duty of care to prevent fire by removing wastes accumulated on the front engine for a long time after the completion of the work, at the mechanical room of the above company’s factory building. In the case of crushing wastes through waste crushing, the Defendant has a duty of care to prevent the occurrence of fire by removing wastes accumulated on the front engine.

Nevertheless, the Defendant neglected to do so and neglected to remove the heat accumulated on the heat electrical motor terminal, and neglected to leave it as it is, due to the negligence of leaving it back, caused the heat to be accumulated on the waste accumulated on the heating electric motor terminal, and caused the fire to spread out to the wastes accumulated around it, and caused the above company’s factory building, E-factory building adjacent thereto, etc. to be moved to the above company’s E-factory building.

Ultimately, the Defendant, by such occupational negligence as above, destroyed all of the building of “D” factory owned by the victim F, “Co., Ltd. E” factory buildings owned by the victim G, and partly destroyed the building of “I” factory owned by the victim H, “I” container, etc. owned by the victim J.

2. First of all, according to the result of fire identification (Evidence No. 14 No. 14), the cause of the instant fire and the “waste crushing work” are to transport wastes through a consortium.

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