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(영문) 대구지방법원 2019.08.23 2019고단544

업무상과실치상

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Criminal facts

Defendant

A is the president of the "D Child Care Center" in Daegu-gu, a person in charge of the management and supervision of the above child care center teachers and the protection and rearing of the children, and Defendant B is the above "D Child Care Center" teacher who is in charge of the protection and rearing of the above child care center.

On May 18, 2018, at around 10:50, the Defendants started outdoor field learning to the F Park located in Gyeonggi-si, Gyeonggi-do, and completed the visit of the museum, and, at around 11:50 on the same day, the Defendants were allowed to take the place of outdoor performance at the outdoor performance place in the park.

In the facts charged, the defendants stated that "the defendant had a outdoor field study as Fpark located in Gyeonggi-si, Gyeonggi-do around 12:30 on May 18, 2018," but the time when the defendants and children belonging to the child care centers of this case arrive at F Park for outdoor field learning is around 10:50 on the day of this case, and the accident of this case occurred at the outdoor performance place around 12:30 on the day after the defendants and children move to the outdoor performance place in the F Park to the outdoor performance place for the purpose of the occupation-oriented trial after completion of the visit. Thus, the facts charged are found as above.

The seven-year-old group of the above child-care center was against children under seven years of age who have weak physical and mental development, and the floor of the above outdoor performance place was composed of a single tree material that can be easily seen if the children under seven years of age are under seven years of age with poor physical development.

Therefore, Defendant A had a duty of care to manage and supervise the teachers belonging to child-care centers at all times in order to prevent children from becoming close to dangerous places, and Defendant B had a duty of care to see the children at all times and to move the children to play at the place with a low risk of booming or with a low floor.

Nevertheless, on May 18, 2018, Defendant B is the victim who is a child of the seven years of age of the above childcare center at the outdoor performance place of the F Park.