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(영문) 대전지방법원 공주지원 2015.03.20 2014고단206
업무상과실치사
Text

Defendant

B B The Defendant A shall be punished by a fine of 8,00,000 won, and the Defendant C shall be punished by a fine of 4,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A was a public educational official of Grade VII in charge of the management of Q’s facilities in the P University, and Defendant B was the head of the S Child Care Center located in R in the public city, and Defendant C served as a teacher at the above Child Care Center from September 1, 2013 to February 28, 2014.

On January 11, 2014, the above child-care center had lent Q Q in T University, which was held. The cultural center had a convention room and a waiting room (72 square meters) for the preparation of the event, etc. to be held. On the top of the waiting room, there was about 120 cm, 218 cm, 5 cm, 76 cm in thickness, 46 cm in length in the waiting room.

He had four wheelss, which was narrow compared to the height and weight, so it was a structure that can be easily cut off by a narrow letter.

On the other hand, at around 09:30 on the same day, the victim U (Nam, 3 years old) who was in the waiting room was placed in the toilets located near the entrance of the waiting room under the protection and management of Defendant C in order to see the urine.

At the time, the waiting room was in the above situation, and in particular, the defendant A, who manages the above facility, has a duty of care to prevent safety accidents by lending the waiting room, etc. prior to the lease of the waiting room, to check closely whether there is any danger to lickness, as well as to take measures such as moving it to another place or installing safety signs or access control facilities if the danger is anticipated, and to notify the users of such fact in advance, there was a duty of care to prevent safety accidents.

When Defendant B, who is the director of a child-care center, holds events for infants outside the child-care center facilities, the characteristics of infants who are highly likely to commit safety accidents.

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