Matters to be considered in determining the lessor's fault where the lessee dies due to addiction to coal gas;

In a case where the degree of defect in the object of lease cannot be deemed as a state of damage to the extent that it cannot be deemed that it is large-scale damage to the object of lease, or it is deemed that it belongs to the duty of normal repair and management of the lessee, even if a gas addiction occurred due to such defect, it shall not be deemed that the lessor was at fault. However, in making such a decision, it shall not merely consider the state of the defect itself, but also consider the structure of the object of lease and the overall aged condition, etc. and determine whether a large-scale repair is required. Where it is unclear whether it is a large-scale repair, it shall be determined whether the lessor was at fault, by comprehensively taking into account the situation of the object of lease before and after the lease, the degree of defect in the object of lease or the defect in the ordinary lessor or the lessee's defect, whether the lessee demands repair

Article 267 of the Criminal Act

Supreme Court Decision 84Do2934 Decided March 12, 1985 (Gong1985,577) 84Do3085 Decided March 26, 1985 (Gong1985,658) 89Do703 Decided September 26, 1989 (Gong1989,1621)

A

Defendant

Attorney B

Seoul Criminal Court Decision 92No6948 delivered on December 24, 1992

The appeal is dismissed.

We examine the grounds of appeal.

In a case where the degree of defect in the object of lease cannot be deemed as being damaged to the extent that the object cannot be used, or where it is deemed that the object of lease belongs to the ordinary repair and management obligation of the lessee because it cannot be deemed as large-scale repair obligation, it cannot be deemed that the lessor was at fault even if the cause of gas poisoning occurred due to the defect. However, in making such a decision, it should not simply consider the state of the defect itself, but also consider the structure of the object of lease and the overall aged condition, etc. and determine whether the repair is required by a large method. If it is unclear whether such large-scale repair is performed, it should be determined by comprehensively taking into account the circumstances of the object of lease before and after the lease, whether there is any defect in the object of lease or the defect in the ordinary lessor or lessee, whether to request the repair of the lessee, whether to take measures against the lessor, etc.

According to the records, the mother of Nonindicted Party C and his wife were addicteded to gas from among the persons who had been in a small room of the instant house managed by the Defendant, and died of the said house due to gas poisoning regardless of the gap in the room. The above house belongs to the winter of the redevelopment area, and approximately 30 years have passed since it was constructed without permission. The above small room is a Korean-style house. The above small room is installed with a traditional old door, and there are 3 meters in width, 30 centimeters in length and 30 centimeters in length, and there is a lot of difference in the front door of the small room. In light of such a difference in the size of the apartment, the Defendant is likely to have taken measures to 20cm in length, 20cm in the left room, and 20cm in length, and 10cm in length and 20cm in the size of the above apartment, and there is a lot of difference in the shape of the above apartment.

Although the reasoning of the court below is somewhat insufficient, it is just to consider that the defendant, a lessor, was negligent in the accident of this case, and there is no error of law by misunderstanding facts against the rules of evidence, such as the theory of lawsuit, or by misunderstanding of legal principles. There is no reason to argue.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ansan-man (Presiding Justice)