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(영문) 서울중앙지방법원 2021.02.25 2020고단5090
업무상과실치사
Text

Defendant

A A shall be punished by a fine of 7 million won, and Defendant B shall be punished by a fine of 12 million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B A person who operates a swimming pool in Gangnam-gu Seoul Metropolitan Government and makes a final decision on the overall operation, such as the organization and placement of safety personnel, in the operation of the swimming pool in the Gangnam-gu D elementary school, and Defendant A is a person who works as safety personnel in the above swimming pool, and Victim F ( South, 58 years old) is a person who is registered as a member in the above swimming pool.

1. In order to manage the safety of customers using a swimming pool, Defendant B has a duty of care to thoroughly supervise and manage safety personnel in a swimming pool, such as placing two or more water safety personnel in a surveillance tower installed in a swimming pool for the safety of customers using a swimming pool, leaving the swimming pool out of the swimming pool for each hour to check whether there is an intrusion, and whether there is an accident, etc., and Defendant B has a duty of care to thoroughly observe whether there is an accident in a swimming pool while working in the surveillance tower or the expropriation near the swimming pool at all times, and in accordance with the above safety rules of the swimming pool, Defendant B has a duty of care to prevent accidents such as rescue and emergency measures immediately in the event of an accident.

Nevertheless, on December 11, 2019, the Defendants neglected this in the above E swimming pool, and Defendant B did not assign more than two water safety personnel to the monitoring tower installed in a swimming pool, did not conduct safety management education for safety personnel, did not thoroughly supervise and manage safety personnel, and did not take measures to care of persons outside the swimming pool for each hour.

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