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(영문) 서울북부지방법원 2019.09.20 2019고단1010
업무상과실치상등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual accommodation facility called “Criart” located in Pyeongtaek-gun B in Gangwon-do.

1. From July 2018, the Defendant caused occupational injury to the Defendant provided an outdoor swimming pool of a size of 342.96 square meters in size in the shape of the ground bean, to the persons accommodated in the above marina, from around July 2018.

In such cases, the defendant has at least one nurse or assistant nurse pursuant to the Medical Service Act, and at least two water safety personnel are assigned to the surveillance tower, and the surveillance tower has a duty of care to prevent physical play accidents of users including infants using the swimming pool, such as installing a swimming pool for infants and a swimming pool for adults separately in order to prevent accidents benefiting from the swimming pool for adults.

Nevertheless, the defendant did not assign at least one nurse or assistant nurse as above, did not assign a water safety personnel, and installed the boundaries of the swimming pool for infants and the swimming pool for adults by dividing them into the table alone, and on August 11, 2018, around 11:40, the victim D (five years of age) and the same month.

4. At around 14:44, the victim E (five years of age) was placed in water in the process of beyond the swimming pool for adults while the victim E was swimming in the swimming pool for the above infant.

In the end, the Defendant caused the victim D to die due to the above negligence due to the dystrophal long-term damage, including brain damage caused by low oxygen pain, and caused the victim E to suffer injury to the victim E of an insular pulmonary pulmonary pulmonary pulmonary pulmonary laf.

2. A person who intends to operate an outdoor swimming pool business, which is a sports facility the floor area of which exceeds 300 square meters (91 square meters) in violation of the Installation and Utilization of Sports Facilities Act shall have the facilities prescribed by the relevant Acts and subordinate statutes and report it to the competent authority

Nevertheless, from June 1, 2006 to August 1, 2018, the Defendant did not report to the competent authorities in this C.

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