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(영문) 춘천지방법원 2016.03.25 2015고단1254

업무상과실치사등

Text

Defendant

A Imprisonment of eight months, Defendant B shall be punished by imprisonment without prison labor for six months, and Defendant C shall be punished by imprisonment without prison labor for four months.

, however, the defendant.

Reasons

Punishment of the crime

Defendant

A is the representative director of “H” in Hongcheon-gun G, Gangwon-gu, and Defendant B is a special sports instructor who is the representative of a person in charge of the interest who implements “I” a disabled sports program, and Defendant C is a volunteer who participated in the said I.

1. Defendant A

A. On July 11, 2015, at least 14:02, the Defendant, who died in the occupational course, was in operation of a swimming pool, which is an ancillary facility to H (1.52m in depth) on or around July 11, 2015, he/she is required to obtain permission for the operation of an amusement facility business in accordance with relevant statutes, as water play is installed, and thus, he/she has installed a slicker, which is an amusement facility, to ensure the safety and hygiene of users, he/she shall display a depth at a place readily visible to users, and shall ensure that he/she passes through a domination at least three times a day, check the existence of floating and dys, check the existence of floating and dys, assign at least one safety personnel meeting the qualification requirements, nurse, etc., and establish a user safety management plan and safety personnel education program, etc., and, at the same time, he/she is obliged to take necessary measures for the operation of a swimming pool.

Nevertheless, without undergoing safety inspection, the Defendant did not install a signboard indicating depth on a swimming pool and a tag, etc. distinguishing depth changes in water depth, and did not take measures to allow users to become aware of them. The Defendant opened the swimming pool to users without controlling water quality to the extent that the floor of the swimming pool is not visible, opened the swimming pool to the extent that it does not have any water quality, hired part-time students to use a swimming cap, or did not assign qualified safety rescue personnel.