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(영문) 대구지방법원 상주지원 2014.06.24 2014고단110

업무상과실치사

Text

Defendant

A shall be punished by imprisonment without prison labor for eight months, and by imprisonment without prison labor for six months.

Reasons

Punishment of the crime

Defendant

A is a caregiver of a medical corporation in E at the time of residence, and the defendant B is the director of the medical care center for older persons.

The above F is a welfare facility that provides the aged admitted to a sanatorium with meals, medical care, and other daily conveniences due to a mental or physical disorder caused by dementia, heavy paralysis, etc., and the elderly admitted to the sanatorium with food and other daily conveniences is highly likely to inhale food compared to the general public due to the decline in the function of the body of the elderly. As such, the defendant B, the president of this location, in consideration of the possibility of inhaleing the victim's food and drink, should be careful in choosing the kinds of food, such as providing the victim's food and drink rather than general food, such as providing the victim's food and drink, etc., taking into account the characteristics and inclinations of the inmates belonging to the facility. In particular, it is necessary to educate the care workers belonging to the facility so that the patient can be protected and assisted in consideration of the patient's characteristics and inclinations while controlling the patient's food at a proper rate and quantity of meals, and, in light of the duty of care, the patient's body frame was removed in the course of performing the duty of care.

Nevertheless, Defendant B did not conduct regular education on the above regulations of service, such as allowing a caregiver to wear a mold and provide meals in the case of a patient who is negligent in doing so, and instead does not completely manage the above regulations of service, and the implementation plan of the pertinent education.