2012 Highest 7365 occupational injury (the name of recognized crime, occupational injury, etc. by occupational negligence)

1. A;

2. B

Lee Jong-hun and Park Jong-hoon (Public trial)

Attorney C, D (private ships for all the defendants)

February 6, 2014

Defendants shall be punished by imprisonment without prison labor for eight months.

Criminal History Office

Defendant A as a member of the F Child Care Center in Daegu Dong-gu, Daegu-gu, and Defendant B is a child care teacher in charge of 2 years of age in a child care center. At around 12:10 on April 16, 2012, F Child Care Center children: (a) in the middle-gu, Daegu-dong-dong-dong-gu, Seoul-gu, in the middle of the wind, there was an accident that the victims G (nbb, 2 years of age) who are boomed with the breath of drinking. The Defendants, who are child care teachers, have brought about the meals of young children, take appropriate measures, such as cutting down, if they are not able to easily drink, while taking emergency measures, at the same time taking emergency measures to ensure that they can immediately contact with specialized relief staff members.

Nevertheless, the Defendants neglected this and did not look at whether the victim drinks, but did not take an appropriate emergency measure for about 20 minutes without making a direct report to the victim 119.

Ultimately, the Defendants caused by occupational negligence to the victim’s brain damage and congested conditions, etc. due to corrosion. On April 13, 2013, the hospital located in Daegu-gu H caused the victim’s death due to low oxygen brain damage, etc. while receiving medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The witness J, K, L, M, and N’s respective legal statements and witness0, P’s each legal statements;

1. A department in charge of emergency medical treatment and emergency medical services;

1. A written opinion and a death diagnosis report;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 268 and 30 of the Criminal Code; Selection of imprisonment without prison labor

Judgment on the Defendants and their defense counsel's assertion

1. Summary of the assertion;

The F Child Care Center notified the victim that he was prepared for the occupation and the adultery as a family correspondence in the child care center, and the victim's parents did not know that the victim's parents sent the child care teacher a separate food, so the Defendants did not know whether the victim had the Cheongpodo, and the victim did not do so at home, so they did not have any duty of care to take measures for the victim's eating the Cheongpodo in the way of drinking the Mapodo, and as the victim did not have the Mapodo in the house, the Defendants did not have any duty of care to take measures for the victim's eating the Mapodo, and as the accident requiring the victim'

The Defendants did not commit any negligence in breach of their duty of care in the course of taking appropriate emergency measures, such as the wage law at the site.

2. Determination

A. Even if a young children who are 2 years of age engage in outdoor activities such as a spawn, even if they sent a notice to the young children’s home at a childcare center that they will be prepared for occupation and livering, they can sufficiently expect that they will come to a separate livering for young children, and the young children who have spawn may be able to be able to be able to be able to receive food rapidly, unlike ordinary places

Therefore, as a member of the F Child Care Center, Defendant B, a supervisor of the F Child Care Center, has confirmed whether the victim had a liver awareness separately, and Defendant A, a teacher of the F Child Care Center, should be deemed to have a duty of care to educate other infant care teachers.

그런데 기록에 의하면, 피고인 A는 피고인 B를 포함한 보육교사들에게 이에 관하여 아무런 교육도 실시하지 아니하였고, 피고인들은 피해자가 간식으로 청포도를 가지고 온 사실 조차 알지 못하여 이를 잘게 쓸어주거나 꼭꼭 씹어서 삼키도록 일러 주는 등의 적절한 조치를 취하지 못한 잘못이 인정되고, 이로 인하여 피해자가 혼자 청포도를 먹다가 목에 걸리는 사고가 발생한 것으로 인정된다.

B. Furthermore, in the event of an accident that causes an accident to prevent a foreign substance in the item of an infant, measures that can be immediately transferred to an emergency medical institution, such as a 119 report, shall be taken first, and emergency measures, such as a decline method, shall be taken on the site of the accident.

However, the following facts or circumstances revealed by the record: (i) the 119 declaration was received on the day of the accident at around 12:51; (ii) the 119 emergency squad arrived at the site of the accident at around 12:56; and (iii) the Defendant B sent the victim to the I Hospital at least 40-50 minutes before the arrival of the emergency room; (iv) the 0th question was between 13:06 and 13:10, the accident could be deemed to have occurred at least 12:30,000 before the date of the accident; (ii) the Defendant B, at least 12:15, went into the place of the accident at the time of the accident; (iii) the victim was unable to have arrived at least 12:0,000 after the date of the accident; and (iv) the victim’s testimony at the time of the accident at the time of the accident at least 12:0,000 before and after the accident.

Therefore, the Defendants and their defense counsel cannot be accepted.

The reason for sentencing is that the Defendants, who are infant care teachers, do not properly protect and supervise the victims who are merely 32 months of age, and the occurrence of a serious result that could not lead to the death of the victims due to negligence that did not take appropriate relief measures, and the nature of the crime is heavy, and thus, the suffering of the parents who lost the victims can not be achieved. However, even though the Defendants were able to repent of their mistakes and avoid liability of their own child care centers, and did not make efforts to recover damage to their victims and their bereaved family members, it is inevitable to punish them with strict punishment in light of their circumstances.

However, the victim's bereaved family members received 50,000,000 won of the death insurance money of the "comprehensive educational institution insurance" in which the victim's bereaved family members entered into the Foman House, and the victim's parents did not exercise due care, such as sending the victim's awareness and making it well-use, and there is no criminal record against the defendants. In addition, the defendants do not have any other criminal record, in consideration of the sentencing factors as shown in the arguments, such as the defendants' age, character and conduct, environment, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., each of the defendants shall be sentenced to imprisonment without prison labor for 8 months, and the defendants shall not be detained for agreement.

Judges 000