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red_flag_2(영문) 대구지방법원 2018.12.7.선고 2018고정108 판결

업무상과실치상

Cases

2018 Decents by occupational negligence 108

Defendant

1. Doo-○ (58-2) and the Medical Care Director for the Aged (Alverging Center)

Housing Daegu

Reference domicile Gyeong Young-gu District

2.ObO(62-2) and caregivers

Housing Daegu

Reference domicile Young-si

Prosecutor

Jeon-young, Analkym (public trial)

Defense Counsel

Attorney Lee Yong-won, Lee Sung-hoon (for all the defendants)

Imposition of Judgment

December 7, 2018

Text

Defendant 00 shall be punished by a fine of KRW 5,00,000, and Defendant 00 shall be punished by a fine of KRW 2,000,000. In the event that the Defendants fail to pay the above fine, the Defendants shall be confined in the workhouse for the period calculated by converting KRW 100,000 into one day.

Reasons

Criminal History Office

Defendant ○○○ is an operator of a medical welfare facility for the aged in Daegu, who is engaged in the duties of managing and supervising the above medical welfare facility for the aged, and Defendant 00 is a caregiver working for the above medical welfare facility for the aged, and is engaged in the duties of protecting the aged admitted to the above medical welfare facility for the aged. Defendant ○○○ as a manager of the above medical welfare facility for the aged, has a convenient structure for the activities of the aged, such as removing the thresholds in the corridors, toilets, etc., installation of knife facilities, prevention of floor drops, etc., installation of night-time commercial facilities, etc. At night-times, the three-sites and bathing rooms have a duty of care to assign adequate care to protect the aged, and to manage and supervise their duties in good faith. Defendant ○○ has a duty of care to protect the aged admitted to the above medical welfare facility for the aged, and has a duty of care to provide the said medical care service and other physical support services.

Nevertheless, at around 14:46 on July 19, 2017, the Defendants neglected to provide care to the victims who live in the above medical welfare facility for the aged on the fourth floor of the "A", which is located in Daegu, used the above medical welfare facility for the aged, and the screen room. Defendant ○○ did not install the facilities to prevent the floor drop, and did not manage the floor drop so as to prevent the aged from falling short of the standards for providing three caregivers per 2.5, while working as three caregivers, the victims did not work for the right-hand care workers at the fourth floor at the time, and Defendant ○○ failed to take necessary measures to prevent the victims from working on the third floor of the fourth floor without being able to take necessary measures to prevent the elderly from working on the 4th floor as well as on the third floor without being able to take necessary measures for the elderly from working on the 4th floor, and Defendant ○ failed to take measures to temporarily get the victim from using the 4th floor in the process of using the 4th floor.

Summary of Evidence

1. Defendants’ respective legal statements

1. On the part of the protocol of interrogation of suspect against the defendant Lee ○-○

1. Each medical certificate and each statement of opinion;

1. CCTV video CDs;

1. Each photograph;

1. Investigation reports (Attachment, such as criteria for facility standards of medical welfare facilities for older persons);

Application of Statutes

1. Article applicable to the facts constituting the crime and the choice of punishment (defendants);

Articles 268(2) and 30 of the Criminal Code; Selection of each fine

1. Detention in a workhouse;

It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or more.

Judges

Judges Kim Gin-tae