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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as the head of the “F Sports Center” branch in Gyeonggi-gu E, is in charge of the overall management of the administration, accounting, safety management, etc. of the said Sports Center, and in particular, around March 20, 2016, he/she directly worked as water safety personnel from the swimming pool of the said Sports Center around the day of the instant case.

In the Enforcement Rule of the Installation and Utilization of Sports Facilities Act, a swimming pool provides that at least two water safety personnel shall be assigned to a surveillance tower to ensure the safety of swimmings. According to the above sports center swimming standards, entry itself is prohibited regardless of being accompanied by his/her guardian. The management swimming in which an accident occurred is a adult pool with a depth of 1.3 meters and a safety floor of 40 centimeters is installed in some sections.

Even if a child is obtained due to the absence of separate partitions, there is a danger of water-related accidents. Therefore, the defendant, who was an employee of the person in charge of the management of the facility, was a person in charge of the management of the facility, must observe the age limit of the swimming pool, and observe carefully the occurrence of safety accidents in the swimming pool at all times, and have a duty of care to prevent the occurrence of accidents by giving due attention to supervision and supervision over the management of the facility.

Nevertheless, the Defendant neglected this and neglected to obtain a management pool for adults, not a separate child pool, on March 20, 2016, on the ground that the victim G (4 years) subject to restriction on entering around around 17:00 was accompanied by his/her guardian, and neglected the management and supervision of the receiver, by negligence, such as not discovering the victim’s refusal to escape from the life jackets during water play and not discovering the victim’s escape from the swimming pool cleaning, on the ground that he/she was neglected to leave the swimming time, and by negligence, he/she neglected the management and supervision of the receiver.