2018 Highest 763 Injury by occupational negligence

1. Damage ① (1) (in 94 years old, in leisure) and a swimming instructor;

Residentialization City

Gangwon-gu in the place of registration

2. Class B (81 years old, South) and a swimming instructor.

Residentialization City

Gangwon-dolcheon-gun District in Reference domicile

Clerks (prosecutions) and Kim Jong-dae (Trial)

Law Firm (Attorney Lee In-bok, Counsel for defendant-appellant)

July 4, 2018

1. The Defendants shall be punished by a fine of 5,00,000 won.

2. In a case where the Defendants did not pay the above fine, the Defendants shall be confined in a workhouse for 50 days each.

Facts of crime

Defendant ① is a person who is engaged in the swimming training and safety management in the “A swimming pool” in the “B” term in Suwon-gu. Defendant ② is a person who is engaged in the swimming training and safety management of the said swimming pool, and Defendant ② is a swimming instructor and safety personnel of the said swimming pool.

Defendants were on August 19, 2017: from 00 to 16:50, the above swimming pool was used from around 00 to 16:50; Defendant Damage ① was a swimming instructor at the swimming training course with eight elementary school students; Defendant B was employed as safety personnel at the above swimming training course.

Since the depth of the swimming pool for adults is about 1.3 meters, the swimming pool has a duty of care to prevent students from entering the swimming pool for adults with sufficient care, and as a swimming instructor, he/she has a duty to carefully observe and observe the swimming pool for adults with deep depth of the depth of the depth of the depth of the water, prevent the following water accidents by carefully observing and singing around the center, and to take emergency measures for the rescue of the accident immediately in the event of the accident, etc., and safety personnel have a duty of care to take measures for the prevention of safety accidents and for the relief of the new accident, such as taking emergency measures for the rescue of the accident, etc., and as a safety personnel, have a great observation and direction without leaving the place of the swimming pool if there is a person who can enter the swimming pool.

The Defendants neglected to take protective and prompt relief measures; however, at around 16:47 on the same day, Defendant Damage ① granted free time to students of the swimming course that they proceed, and the victim ○○○ (the age of 6) did not properly abide by the victim’s entry into the swimming pool for adults, and the victim got out of the swimming pool for adults, so he gets aware of the occurrence of the accident, including when he taken out the swimming pool for adults and went out of the water so that he loses his mind. Defendant ② was aware of the occurrence of the accident after the victim went out of the swimming area without waiting in the swimming area.

As a result, the Defendants suffered from the injury of acute stress reaction, etc. caused by the opportunistic dystrophism that requires approximately three-month medical treatment due to the above joint occupational negligence.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 268 and 30 (Selection of Fines)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of each Criminal Code (100,000 won per day)

Reasons for sentencing

[Scope of the punishment penalty] 20 million won or less

【Determination of Sentence】

○ Unfavorable Conditions: Trine which the victim gets the water unflatable due to the afterma of the instant accident.

The victim and his/her family members are considerably fixed due to the occurrence of a concentrative power and the falling and uneasiness.

It appears that he/she has suffered from new pain;

The favorable circumstances of ○: the defendants' duty of care in the future is seriously against the defendants, and such duty of care is fulfilled.

the Defendants do not cause any action, and even though the Defendants do not agree with the victims.

The Defendants did not follow the rules, but did not receive the training course from the institution working for the Defendants.

In subscribing to liability insurance for sports facility business operators, the victim's medical expenses, etc. from the insurance company

Defendant is deemed to be able to compensate for any additional damage, even if the additional damage was incurred;

(1) In the event that there are no criminal records before, and that there is no criminal records i.e., damage

that has rescued person

○ Other Defendants’ age, occupation, and environment, the background, details, and circumstances after committing the instant crime.

In light of the sentencing conditions stipulated in Article 51 of the Criminal Code, punishment was determined as ordered.

Judges Park Borrower-hee