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(영문) 서울중앙지방법원 2015.09.07 2014고정4527
업무상과실치상
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendants are people in charge of train operation at Seoul High-speed Railroad Corporation's Seoul High-speed Railroad Business Office.

On July 1, 2014, the Defendants: (a) stopped in Yeongdeungpo-gu, Daegu-gu, Seoul, No. 1308, which was parked in the Young-gu Station on July 21, 2014; and (b) carried out the starting work of passengers’ getting on and off the train and train train.

At night, the passengers' getting on and off the train and the start-up of the train have a duty of care to check the conditions of passengers' getting on and off the train before starting the train, and to implement the entrance gate display, control equipment, etc. when there is no error in the situation, and to protect passengers from using the train safely.

Nevertheless, Defendant B, without properly checking the opening or closing of the entrance of the entire gate and the passengers’ getting on or off the entrance from the platform of the above train, sent a signal to Defendant A without properly checking whether the entrance is opened or closed, and according to the following evidence, Defendant B’s negligence does not properly confirm that it is the situation of passengers getting on or off the entrance, and rather, it does not mean that “the entrance is closed” (the Defendant’s negligence does not mean that “the entrance is closed,” and even if the entrance is closed late after the passage of all other passengers as in the instant case, it is anticipated that the passengers were at the latest after the passage of all other passengers, and that the entrance should be cut down immediately, and it is difficult to view that each door has a duty to open one by checking the inside of the entrance as the entrance is the land, and so long as the entrance is closed at once, it is difficult to verify whether a passenger was a passenger who was on the inside of all the entrance between the operation.) The entrance is completely closed from each door.

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