1. Defendant A shall be punished by imprisonment without prison labor for one year, and Defendant B by imprisonment without prison labor for ten months;

However, as to the above Defendants, this part of the judgment is correct.

Punishment of the crime

Defendant

D is a general management director of the J Hospital in Busan Metropolitan Government, who actually operates the said convalescent. Defendant C is a person who actually operates K who entered into an entrustment contract with the said convalescent Hospital on March 30, 2016. Defendant A and Defendant B are the nursing staff of K dispatched to the said convalescent Hospital.

The above long-term care hospital is a welfare facility that provides the aged admitted to a long-term care hospital with meals, medical care and other conveniences necessary for daily life with substantial mental and physical disabilities caused by dementia, heavy paralysis, etc., and the elderly admitted to the hospital is highly likely to suffer from an emergency situation. As such, Defendant D, the representative of this location, has a duty of care to prevent any unexpected accident by thoroughly managing and supervising the current status and health of the elderly admitted to the hospital, the status of their employees, the status of their work, the placement of human resources, facilities, etc., and Defendant C, the head of the nursing dispatched company, has a duty of care to manage and supervise the nursing workers to take into account the characteristics and tendency of the admitted students, to provide continuous education, etc. to nursing care in emergency situations and countermeasures therefor, and Defendant A, the nursing worker, Defendant B, and Defendant B, the care provider, continuously verify the health and safety of the affected inmates, and have a duty of care to promptly take emergency measures when they appear in an emergency situation.

Nevertheless, Defendant D and Defendant C failed to conduct regular education and management as to the above contents for nursing workers by neglecting this. Defendant A and Defendant B neglected this and suffered from Alz’s disease in the shower room in the above long-term care hospital around January 5, 2017.