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(영문) 서울중앙지방법원 2018.10.18 2017고단6844
노인복지법위반
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A is the director of the “D” located in Gwanak-gu in Seoul Special Metropolitan City, which is a sanatorium for older persons among medical welfare facilities for older persons, and Defendant B is the vice-director of the D.

No person shall abandon any older person under his/her protection and supervision, or neglect the basic protection and medical treatment, including food, clothing and shelter.

From May 19, 2014 to September 1, 2016, Defendants protected and supervised E (the age of 72 as of September 11, 2016) as inmates in the above D.

However, even though there was a desire for E on May 12, 2016, the Defendants did not immediately inform his/her guardian or have him/her hospitalized in the hospital, and did not immediately inform his/her guardian or have him/her receive medical treatment by being hospitalized in the hospital, even though there occurred a yellow month to E on August 2016, the Defendants did not immediately inform his/her guardian or have him/her receive medical treatment by being hospitalized in the hospital. On September 1, 2016, the Defendants did not immediately transfer to the hospital, even though there was an emergency, such as the aggravation of E’s yellow monthly symptoms, the blood transfusion, and the growing of the desire.

As a result, the Defendants conspired to neglect the basic protection and treatment of the elderly E, who is subject to their protection and supervision.

2. Article 1-2 (Definition) 4 of the Welfare of the Aged Act provides that "the term "the term of elder abuse" means physical, mental, emotional and sexual violence, and economic exploitation or cruel exploitation of, or abandonment or neglect of, older persons.

"........"

Article 39-9 (Prohibitions) 3 of the Elderly Welfare Act prohibits "the act of neglecting the elderly under his/her protection and supervision or neglecting the basic protection and treatment, including food, clothing and shelter," and imposes criminal punishment on the violation of the penal provisions.

In other words, the neglect of criminal punishment should be limited to the degree of abuse.

In addition, the prohibition of the above sub-paragraph 3 is abandonment and neglect.

(b)defensive.

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