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(영문) 청주지방법원 영동지원 2017.03.09 2015고단300
업무상과실치사
Text

Defendant

B shall be punished by a fine of KRW 10,000,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

Defendant

B The president of the G Medical Foundation, who is the president of the medical corporation in the F of the Chungcheongnam-dong, Chungcheongnam-gun, and is in charge of the duty management of H hospital, and the defendant A is a nursing assistant belonging to the above hospital.

1. Defendant A around March 6, 2015, around 03:54, Defendant A was performing night duty at the fourth floor of the above hospital.

H Hospital was hospitalized by a number of patients in need of the protection of medical personnel, such as dementia and lack of recognition ability, and thus, in such a case, as a nurse on night duty on the fourth floor, the above patient was under the duty of care to protect the patient by checking the reasons why the patient left the fourth floor to prevent the patient from getting out of the hospital so that he/she could not escape from the fourth floor or from accompanying him/her.

Nevertheless, the Defendant neglected to do so and considered that the patient gets a tobacco smoking while hearing the sound of the fourth floor elevator door, and caused the victim I (82 years old) who is a dementia patient to board the above fourth floor elevator on the first floor and get the victim I (82 years old) to leave the hospital outside of the above hospital through the entrance of the first floor.

The Defendant caused the victim to die from around 05:00 to around 06:00 on the same day by occupational negligence. The Defendant caused the victim’s death from the near river of the above hospital to the next death.

2. Defendant B, around March 6, 2015, at around 03:54, at the first floor department of the above hospital, the Defendant allowed the Defendant to perform night duty work.

H Hospital was hospitalized by a number of patients in need of the protection of medical personnel, such as dementia and lack of recognition capacity. In such a case, the Defendant is additionally a person in need of supervision and supervision as to whether the J, who is on duty at the first floor, is normally engaged in the duty of regulating the access status to the first floor, or the J is unable to normally perform its duty.

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