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Defendant
A and B shall be punished by a fine of KRW 2 million, and Defendant C shall be punished by a fine of KRW 7 million.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
C The head of the E-Medical Center located in D at the time of the medical care center is a person in charge of the operation and facility management of the medical care center and the head of the E-Medical Care Center. Defendant A and Defendant B are care workers of the above medical care center, and Defendant A and Defendant B worked at night on the fourth floor from February 4, 2018 to February 5, 2018 on the following day from February 5, 2018.
The above medical care center had several dementia patients including victim FF (n, 88 years old), and in particular, since January 30, 2018, prior to the occurrence of the case, the victim took care of the hospital, opened the door, and acted on the window. Such facts were recorded in the medical care center’s delivery and receipt letter, and the defendant C, as well as the defendant A and the defendant B, who received the delivery and receipt, was well aware of the above duties every day.
Therefore, in such cases, Defendant C had a duty of care to supplement human resources to manage patients in need of care, to prevent the fall of patients, to install a safety net on their windows or to install a locking system, and to prevent accidents by installing safety facilities. Defendant A and B, a caregiver, had a duty of care to take care of preventing the fall accident by driving the victim who committed an act, such as talking in the course of the collision, and preventing the fall from getting into a place at the risk of falling.
Nevertheless, the Defendants neglected the above duty of care, and around February 5, 2018, Defendant C did not install a safety net for the prevention of fall at the windows of the hospital, and in the case of the physical treatment room, which is the place of the accident, did not have a locking device different from the windows of the sick room. The physical treatment room does not have a separate door.