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(영문) 대구지방법원 2017.01.20 2016노3572
영유아보육법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by Defendant A (2 million won) by the lower court is too unreasonable.

B. Defendant C Child Care Center 1) Defendant C’s misunderstanding of the facts did not neglect due care and supervision by taking appropriate measures, such as periodically educating teachers to prevent abuse against children.

However, the lower court erred by misapprehending the fact that the lower court rendered a guilty verdict of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

2. Determination

A. Determination 1 on Defendant C’s assertion of mistake in the facts of Defendant C’s childcare center 1) The lower court also argued to the same effect as the grounds for appeal. According to the evidence duly adopted and examined by the lower court at the end of the summary of the evidence during the judgment (in particular, witness B’s statement), although the meeting minutes or training reports, etc. include to a certain extent the education and training was conducted for the prevention of child abuse, it appears that the teachers of the childcare center including B are not actually subject to the education and education for the prevention of child abuse to the extent of memory of the education contents. Furthermore, since the head of Defendant C’s home or the manager of Defendant C’s home’s home’s home did not exercise the supervisory authority to directly provide the employee B with substantial education on the prevention of child abuse or to urge attention, the lower court did not accept the aforementioned assertion by Defendant C’s home on the ground that it is difficult to deem that the measures taken by Defendant C’s children home to prevent child abuse were the implementation of the duty of considerable supervision.

2) Article 74 of the Child Uniforms Act of this Court provides that “the representative of a legal entity or an agent, employee or other worker of a legal entity or an individual shall be the legal entity.”

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