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Defendant
A shall be punished by a fine for negligence of 500,000 won, and by a fine of 2,00,000 won, respectively.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
B is the president of the FF Corporation entrusted with the operation of the E-sports Center, and the defendant A is the field manager of the E-sports Center.
The Defendants have a duty of care to install a surveillance tower on the swimming pool established in the above E-sports Center so that they may take relief measures immediately in the event of an unforeseen accident for the safety and rescue of swimming pool users, and assign more than two full-time water safety personnel to the above surveillance tower to prevent the following aquatic accidents. In particular, Defendant B received a report from Defendant A to the effect that the employment of a separate water safety personnel is necessary for the resolution of safety problems, and thus, Defendant B has a duty of care to give special attention to safety management affairs to the swimming instructors who employ a separate water safety personnel or perform the actual duty of safety personnel, and Defendant A had a duty of care to additionally assign a swimming pool worker in preparation for the situation that two swimming instructors could not participate in safety management affairs due to the participation in the Gangwon-do Public Sports Competition on the date of the occurrence of the case.
Despite the joint duty of care to prevent water-related accidents in a swimming pool as above, the Defendants were negligent and did not assign a separate safety worker so that they can be supplemented even if two of the coaches in charge of water-related lessons take charge of water safety by neglecting the duty of care to prevent water-related accidents in advance. On June 3, 2011, at around 15:50 of the above swimming pool, the victims of G (n, 8 years old) who taken lessons and prepared to return home after taking lessons in the swimming pool did not immediately find the situation in which the victims of G (n, 8 years old) went out of water during the swimming pool and left water for several minutes, thereby causing the injury of the victims, such as impreging in the number of days of treatment.