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(영문) 춘천지방법원 속초지원 2016.02.17 2015고단19
업무상과실치사
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant: (a) obtained as a member of the Scuaber ice Association “C”; and (b) was engaged in the duties of training members of Scoo ice ice as a member of Scoo ice Association; and (c) has been engaged in the duties of training members of the above club with regard to Scoo ice ice.

On June 21, 2014, around 15:40 on June 21, 2014, the Defendant was accompanied by approximately 15 to 20 meters from the coast near Eitro-gun, Gosung-gun, Gangwon-do. While the above club member was accompanied by a F not qualified as an instructor, the Defendant was accompanied by an educational assistant, and the Defendant was initiated with five initial members, such as Victim G (55 years) of the above club member group, and exchanged the number of signals with the victim.

After receiving the signal from F that there is anything wrong with the victim, the victim was considered to support the victim with F.

There are relatively little physical burdens caused by pressure according to the support, and the defendant was merely a sea-bed of about 4.5 meters that can provide emergency support on the face of about 5 seconds. In such a case, the defendant, who is responsible for the overall safety management of elementary assistant students, such as coping with accidents that occur during the course of the study for acquisition, has a duty of care to promptly grasp the signs and to take necessary relief measures, such as securing the ability of training after emergency support, even if he/she does not directly support the victim, by checking the causes of abnormal signs by accompanying the victim, or by properly examining the situation of the victim who supported the victim, even if he/she does not directly support him/her.

Nevertheless, even though there was an emergency situation where the injured party was unable to take measures to secure side effects against the injured party who was in a state of public interest after the support by negligence without just supporting the injured party and not examining the injured party properly, the injured party should immediately be able to raise the situation immediately after the injured party was fully able to receive, and the situation was delayed.

In the end, it is eventually.

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