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(영문) 부산지방법원 2015.12.09 2015고정1037

업무상과실치사

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1. Defendant A shall be punished by a fine of three million won, and Defendant B shall be punished by a fine of one million won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. For the safety of water-related leisure activities, Defendant B-related leisure business operators shall take measures to place rescue workers or routing guides in their places of business;

Nevertheless, at around 16:10 on August 23, 2014, the Defendant did not post lifesaving staff to manage the safety of people waiting to board at the Flebnz center located in the Flebnz center operated by the Defendant in Suwon-gu, Busan.

2. Defendant A is an employee of the said Legs Center who is in charge of the management of visitors to the Legs Center and the management of equipment.

On August 23, 2014, the Defendant: (a) around 16:10, at the Lebnz Center listed in paragraph (1) of this Article, had 17 members of the Dong-ri University H, including the victim G (n, 20 years of age); and (b) received a request from the students of the said Dong-ri to remove Baart, and (c) had the students of the said Dong-ri to embark in Baart.

At that time, the water-to-art boarding mooring was in operation near the moorings, and the above victim was obtained at the sea near the moorings, and therefore there was a duty of care to instruct the employees of the Egz who are in charge of the management of the members of the East Asia, including the victim, to wait at the safe place.

Nevertheless, the Defendant, including the victim, did not instruct the students of the same Dong-ri, who obtained the sea near the moorings to wait at a safe place, but neglected to obtain the victim on the sea near the moorings and caused the victim to be faced with the head of the above victim's head at the lower part of the water-related sea area, coming from the moorings.

The Defendant caused the victim’s death by occupational negligence on the same day, around 18:13 of the same day.

Summary of Evidence

【Criminal facts of No. 1】

1. Each legal statement of witness I, J, K, and L 1.