2012 Highest 8374 Occupational Death, Occupational Injury by Occupational, and Installation of Fire-Fighting Systems

violation of the Bank and Safety Management Act;

A

Eassort (prosecutions) and prosecutorials (Trial)

Law Firm B

Attorney C

February 13, 2013

1. Defendant shall be punished by KRW 5,000,000;

2. If the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

3. An order to pay an amount equivalent to the above fine provisionally;

Criminal facts

Defendant A is a person working as the manager of the Busan Jin-gu D Building (hereinafter referred to as the “instant building”) around March 2003, and on June 5, 2003, Defendant A obtained a certificate of fire safety manager of the instant building from the Korea Fire Prevention Association and appointed as the fire safety controller of the instant building, and is working as the manager and the fire safety controller until now.

1. Where a fire safety controller who violates the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act finds that a fire-fighting system, escape facility, fire-fighting facility, fire-fighting partition, etc. violates any Act or subordinate statute to protect human life and property, necessary measures, such as repair, relocation, removal, and repair, etc. of a fire-fighting object

A demand shall be made, and if the interested person fails to correct it, the director general of the fire-fighting headquarters or the chief of the fire station shall notify it.

Nevertheless, around October 209, the Defendant reported to three emergency exits at the time of obtaining permission for the alteration of the purpose of use for entertainment tavern business from the joint proprietor F, G, and manager of the instant 3rd floor of the instant building, which is the person related to the fire safety control of the said 3rd floor, the Defendant: (a) even though he reported to three emergency exits at the time of obtaining permission for the alteration of the purpose of use for entertainment tavern business; (b) he was unable to open the emergency exit connected to the outside of the instant 3rd floor by installing shocks, tables, singing bags, monitors, monitors, etc. on the passage through which the said 25 emergency exit was installed adjacent to the entrance of the said sing shop; (c) he was aware of the fact that the emergency exit leading to the outside of the said 5th floor could not be opened, and (d) he did not make it known to the manager of the said 2nd floor of the said 5th floor to remove the emergency exit, such as an emergency exit from the said 5th floor.

2. Death or injury caused by occupational negligence;

In order to prevent emergency situations, such as a fire safety controller and related persons of the building of this case, which are specific fire-fighting objects, in advance, to prevent the spread of a fire, in preparation for the outbreak of a fire, in particular, in order to minimize human life and property damage and to prevent the expansion of damage, the defendant shall maintain and manage escape facilities, fire prevention devices, capture of fire prevention facilities, fire prevention facilities, and fire-fighting facilities in the vicinity, and to ensure that the act of piling up, damaging, or altering things or installing obstacles is not done, etc., so as not to cause any trouble to the function and performance of the fire-fighting facilities, etc., and shall conduct training, such as fire extinguishing, notification, escape, etc., and education necessary for fire safety control; and in particular, an escape training shall include training necessary for evacuation and guiding persons who ordinarily work or reside in a specific fire-fighting object to a safe place; and (4) When the defendant discovers that the fire-fighting facilities, escape, snow, fire prevention facilities, fire prevention districts, etc., installed in a specific fire-fighting object are in violation of statutes, he/she shall, without delay request related persons to take corrective measures.

Nevertheless, the Defendant, at the same time, was aware of the fact that the victim was unable to open the emergency exit to the outside and outside by 25 out-of-the-door shocks, 2-day shocks, 3-day shocks, 4-day shocks, and 5-day shocks, and 5-day shocks, and 5-day shocks and 5-day shocks and 5-day shocks and 5-day shocks and 5-day shocks and 5-day shocks were installed to ensure that the victim was unable to open the emergency exit at the same time, and that the emergency exit was not opened to the outside and outside-to-door shocks and 5-day shocks, and that the emergency exit was not opened to the outside-to-door shootings and 5-day shocks and to ensure that the emergency exit was not opened to the outside-to-door shootings and 5-day emergency exits, despite the knowledge that the emergency exit was closed to the outside.

Summary of Evidence

1. Partial statement of the defendant;

1. Each interrogation protocol of the prosecution against I, F, G, K, J, and H;

1. Each prosecutor's statement of N,O, P, and Q;

1. Each police protocol on R, S, T, U, V, W, X, Y, Z, AAB, AD, AD, AE, AF, AG, AH, AI, AK, AL, AM, AP, AP, Q, AR, AS, AS, AS, ATS, AV, M, AW, AX, AY, BA, BB, BD, BD, B, BF, BG, BH, and BI;

1. Report on the occurrence of each case of change, suggestion for direction, request for autopsy, report on the results of autopsy, written request for autopsy, written request for autopsy, and written request for autopsy and appraisal of each body;

1. Current status of the fire-fighting facilities of the E stores, current status of inspection of the E stores fire-fighting systems, current status of joint identification with the fire stations in D, current status of emergency exit within the E stores, and entrustment of appraisal by the Korea Disaster Prevention and Research Institute;

1. On-site photographs, on-site photographs (II), photographs left alone of an emergency rescue bridge, documents related to the approval of the D building (Evis points, etc.), documents related to the D building, documents related to the D building, and reports on requests for appraisal;

1. Application of the CCTV-related Acts and subordinate statutes to each E-owner;

1. Article applicable to criminal facts;

Articles 268 and 30 of the Criminal Act, Article 50 subparagraph 6 of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act (a point of failing to take necessary measures after discovery of illegality) Article 268 and Article 20 (8) of the Fire-Fighting Systems and Safety Control

1. Selection of punishment;

Punishment for the crime of occupational injury and death shall be selected.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Unlike the assertion by the Defendant and his/her defense counsel, the reason for sentencing under Article 334(1) of the Criminal Procedure Act, unlike the assertion by the Defendant and his/her defense counsel, it is difficult to interpret that the lessor does not need to appoint a fire safety controller of a specific fire-fighting object, and the lessor does not demand necessary measures despite the fact that the singing machine operator knows that the emergency exit was changed to a room or an drinking warehouse and the emergency exit was closed. However, the fire of this case was the main cause of the Defendant’s occupational negligence, and the degree of contribution to the Defendant’s occupational negligence seems to be relatively less obvious. In addition, it is deemed that such circumstance appears that the Defendant was unable to perform his/her duties in good faith, and thus, the punishment of occupational negligence on the Defendant is a fine in consideration of the Defendant’s age, health and behavior, the Defendant’s health, home environment, motive and condition of the instant crime, as the result of the instant crime, and the following circumstances were considered.

Judges Kim Gin-ok