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(영문) 인천지방법원 2016.07.04 2016고단471
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant served as an employee of “C (representative: D)” corporation, a general source facility company, from June 1, 2015 to January 18, 2016. From July 10, 2015, the Defendant was the head of the “G” swimming pool installed and operated within the F in Yeonsu-gu, Incheon from around July 10, 2015, and was the person in charge of safety management, such as the management and users of the above swimming pool facilities.

The above so-called "NAV pool" was installed with 7 swimmings for young children at 30cm in depth, 70cm in depth, 1m and 1.2m in depth. The above company: (a) established separate conditions for entry to prevent safety accidents; (b) allowing access only 1.2m in case of a swimming pool at four times in depth; (c) access was allowed only to be accompanied by his/her guardian if the extension is less than 1.2m in depth; and (d) more than 1.2m in case of a swimming pool at onem in depth, a iron bridge was installed to ensure access; and (e) on August 9, 2015, many people were present to use the swimming pool at the same time; and (e) in such cases, the victim's entrance and exit to prevent the use of the pool from falling short of the safety standards, such as the extension of the user's access.

Nevertheless, on August 9, 2015, the Defendant neglected this and did not assign safety personnel to the vicinity of the swimming pool at around 10:25 on August 9, 2015, and on the part of negligent negligence, the victim entered the swimming pool by using the said bridge or by negligence not restricting entry.

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