Whether a full-time Deputy Director is obligated to confirm and check the opening and closing of entrance doors of the Gangseo-gu.

The Deputy Director, who served on a train, shall confirm and check whether the entrance entrance of the passenger vehicle is open or not, and if the entrance is opened, shall take measures to close it and operate the train, to prevent the fall accident in the open entrance of the entrance.

Article 268 of the Criminal Act

Defendant

Defendant

Attorney Yoon Gyeong-hee

Seoul Criminal Court Decision 81No3415 delivered on December 28, 1981

The appeal is dismissed.

The defendant's defense counsel's grounds of appeal are examined.

According to the records, since the entrance entrance of the train of this case was installed automatically by machine operation so that the opening and closing operation itself does not belong to the defendant's business, not the engineer's company. However, the court below did not deem that the defendant, who was working on the train of this case as the vice head, was occupationally engaged in the business since the entrance entrance of the entrance was not closed by the victim's falling problem. Since the train of this case was in the size of fluor, the defendant working on board as the vice head was in the state of fluor, so if it is confirmed that the entrance was opened due to the fact that the entrance was not opened by the passenger's entrance, it should be prevented from falling in the open entrance, and since he neglected the duty of confirmation and inspection and operated the train in the state of the opening of the entrance, the court below did not err in the misapprehension of the judgment below's reasoning and the decision of the court below as to the first instance court's violation of the rules of evidence and the first instance court's reasoning of the judgment below.

Therefore, the appeal is dismissed by the assent of all participating judges. It is so decided as per Disposition.

Justices Yoon Il-young (Presiding Justice)