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(영문) 수원지방법원 2018.07.04 2018고단763

업무상과실치상

Text

1. Defendants shall be punished by a fine of KRW 5,000,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who works as a swimming pool in Suwon-si E and is engaged in swimming training and safety management affairs while working as a swimming pool, and Defendant B is a swimming instructor and safety personnel of the swimming pool.

The Defendants were on August 19, 2017 to 16:50, the above swimming pool from around 16:00 to around 16:50, and Defendant A was on duty as a swimming instructor of the swimming class for eight elementary school students, and Defendant B was on duty as safety personnel of the swimming class.

Since the depth of the swimming pool for adults is about 1.3 meters, a swimming pool has a duty of care to prevent students, who have not been able to pay due attention to students, from entering the swimming pool for adults with deep depth of depth, prevent the following water accidents by carefully observing and drinking in the vicinity, and in the event of an accident, he/she has a duty of care to take measures for prevention and prompt relief of safety accidents, such as prompt rescue and emergency measures, and safety personnel have a duty of care to observe and take measures for prevention of safety accidents and prompt relief, such as taking emergency measures, without leaving the place if there is a person who can enter the swimming pool.

Nevertheless, the Defendants neglected to do so, and Defendant A given free time to students of the swimming course that they proceed on the same day, and Defendant A does not keep the victim G (6 s) properly entering the swimming pool for adults on the same day only if the victim gets into the swimming pool for adults and gets out of the water only if the victim gets into the swimming pool for adults.

The defendant B was aware of the occurrence of the accident after the victim was transferred to the 119 emergency medical service because he was not waiting in the swimming area and left the place.

Ultimately, the Defendants are negligent in performing their duties as above.