208 Fixed4315 Injury by occupational negligence

A (71years, leisures, service personnel)

Man-Consul

Attorney Jeong-hee

December 4, 2008

A defendant shall be punished by a fine of one million won. If the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On June 9, 2001, the Defendant joined the Busan Urban Transit and was engaged in the duties such as passenger management and service equipment management in the Busan Urban Transit Station from August 6, 2007 to October 31, 2007.

On August 23, 2007, the Defendant received a request from the victim V (V, 68 years old) who was disabled persons with physical disability in the wheel chairs 3 units of the above station on August 23, 2007 to get off the stairs below the stairs using the wheelchairs, which were disabled persons with physical disability in the wheel 3 units of the above station.

However, in the case of electric wheelchairs, it is stated that the safety zone cannot be used exceeding the size of the wheelchairs, and even the use guide box attached to the above wheelchairs, which also is well known that the electric wheelchairs cannot be used, and the defendant also knew the fact, so that the victim on board the electric wheelchairs is not allowed to board the wheelchairs as they are, and even if he gets off the electric wheelchairs in the state, the victim has a duty of care to have the victim safely enter the electric wheelchairs with the manual, after having all of the electric wheelchairs set off.

그럼에도, 피고인이 이를 게을리 한 채 피해자로 하여금 전동휠체어의 전원을 켠 상태로 그대로 휠체어리프트에 탑승하게 한 과실로 마침 진행속도를 제어하지 못한 피해자로 하여금 휠체어리프트를 지나쳐 계단 아래로 추락하게 하여 약 6주간의 치료를 요하는 뇌좌상 등을 입게 하였다.

Summary of Evidence

Omission

Application of Statutes

1. Relevant provisions of criminal facts: Article 268 of the Criminal Act;

1. Detention at a workhouse: Criminal Act Article 70 or 69 (2);

1. The provisional payment order: Judgment on the assertion by the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act

Although the defendant et al. has a guide to wheel chairs on the wheelchairs, they have a strong influence on organizations for persons with disabilities, and the traffic Corporation emphasizes that they will prevent civil petitions by their employees. While the defendant asserts that there is no possibility that they will be influenites not to load the manual chairs, the defendant's legal statement and other evidence submitted by the prosecutor, which is acknowledged by the defendant's legal statement, is not safe to load the manual wheelchairs in the wheelchairs, and it is stated that the manual manual attached to the wheelchairs are not loaded in the wheelchairs, and the manual manual attached to the wheelchairs is stated that the manual is not safe, and if the wheelchairs is broken, it is possible to guarantee the right to travel of persons with disabilities by guiding or moving the persons with disabilities to other stations even if it is operated. Thus, the defendant's arguments such as the defendant cannot be accepted, since there is no possibility of expectation for the defendant.

Judges Kim Gin-han