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(영문) 의정부지방법원 고양지원 2014.02.18 2013고단1899

업무상과실치사등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is operating the "Epina" in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, and the defendant B is working as the water safety personnel in the place of his operation.

1. Defendants A, as the owner of the above swimming pool business, has a duty of care to observe safety standards by placing more than two water safety personnel who obtained a license in a surveillance tower so that users can safely use the place. Defendant B, as a water safety personnel, had a duty of care to take measures to protective gear against the users of the swimming pool, such as having the users of the swimming pool equipped with protective gear. Defendant B had a duty of care to prevent safety accidents, such as restricting the use of the dead adult swimming pool.

Nevertheless, on August 17, 2013, the Defendants neglected this and caused a safety accident leading to the situation of consciousness of the victim by negligence that caused the victims G (V, 4 years of age) who did not wear protective outfits because they failed to properly live the users, such as allowing them to place F without a license for water safety personnel at the above swimming pool monitoring tower, and cleaning infant pool by Defendant B, the only water safety personnel, etc., and allowing them to use adult swimming without any restriction.

As a result, the Defendants jointly caused the death of the victim by occupational negligence at the He Hospital’s middle-patient’s office located in Goyang-si, Goyang-si around 19:09 on August 26, 2013.

2. A sports facility business entity under the sole criminal conduct of Defendant A (violation of the Installation and Utilization of Sports Facilities Act) shall comply with the safety and sanitary standards for users to use sports facilities safely and pleasantly, and in particular, a person who conducts swimming pool business shall be engaged in water safety conducted by the Korean National Red Cross or a swimming pool association, etc. under Article 34 of the Act at a surveillance tower;