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(영문) 서울서부지방법원 2015.05.01 2015노113

업무상과실치상

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (the Defendants) as security personnel at the F hotel G point at the time of the instant case, the Defendants moved and moved the two arms of the victim H, who met in order to carry out facility security and personal protection services for customers. Therefore, it cannot be deemed that there was the Defendants’ negligence in the process, and it cannot be deemed that there was a causal relationship between the Defendants’ act and the result of the victim’s injury.

B. Legal principles (Defendant B), even if the victim suffered injury due to the Defendants’ act, it is an occupational act performed by the Defendants to maintain order within the main point, and thus, the illegality is dismissed as it constitutes a justifiable act that does not violate social rules.

C. Each sentence (each 300,000 won per 300,000 won) imposed by the court below on the Defendants is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the defendants' assertion of mistake of facts, ① the defendants were responsible for the safety of customers and prevention of facility damage as security personnel of F hotel underground stores at the time of the instant case, ② the victims of the said main points in order to avoid disturbance and avoid removal from the main points in order to prevent the victims and move to one side of the victims. ③ At the time, the victims did not have the body properly and did not leave the body to the Defendants, so the defendants had a duty of care to prevent the accidents by leaving the victim safely on the floor. ④ Nevertheless, the defendants neglected the above duty of care to protect the safety of customers. Thus, the defendants are recognized as being injured in the course of leaving the victim.