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(영문) 의정부지방법원 2015.10.14 2014노2767
업무상과실치사
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The victim, as a dementia patient with severe symptoms, has been treated with normal urology, high blood pressure, liver disease, cardiopulmonary disease, cardiopulmonary disease, and waste convergence, etc., and the body significantly deteriorated as it appears in the preceding day of the instant accident. As such, the “cirropic color by radioactive material” being the private person was caused by the victim’s health condition, and is not caused by the Defendants’ negligence.

B. While operating the instant medical care center, Defendant B sufficiently trained employees including Defendant A with respect to the rules to be observed for the provision of meals and the first-aid treatment guidelines, etc., Defendant B complied with the facility standards set forth in the Enforcement Rules of the Welfare of Older Persons Act by employing one caregiver per 2.5 persons admitted to the instant medical care center, and did not neglect the duty of care as an operator of the medical care center from time to time, such as observing the living conditions of inmates.

C. Defendant A, while having boomed to the victim on the day of the accident, had the victim boomed with 3 to 4 times, and had the victim boomed so on as to 3 to 4 times, and at that time, had the other inmates find the Defendant, thereby having the other inmates find the Defendant.

After that, while trying to "Lastathy Law" with other caregivers who return to the victim and confirm the condition of the victim, the victim was sent to the hospital by removing foreign substances in the device using the crythr, making artificial re-treatment, and filing a report in 119.

As such, the Defendant took the best measures within the capacity of a caregiver in the course of meal or emergency measures.

The situation where brutal was entered in the victim's three institutions was a result of the victim's existing medical history, and it could not be avoided even if the defendant had performed meals while keeping the same place. As long as brutal was entered in the three institutions, it was without delay for 3 minutes and 42 seconds of the defendant's job.

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