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(영문) 춘천지방법원 강릉지원 2019.06.04 2019고단378
업무상과실치상등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B A is a person who operates water-related leisure business in the name of “G” with “G” within the bathing beach located in Gangseo-si C from July 2018 to August 2018. Defendant A is a person who takes charge of water-related leisure business in “G” during the same period.

1. On July 19, 2018, the Defendant: (a) around 17:30 on July 19, 2018, the Defendant: (b) had two customers, including the victim H (H, Uzbekistan, 32 years of age); (c) the victim I (I, Kazastan, women, and 28 years of age) live in the “brush”, which is a rubber boat connected to water otobs on the sea of a bathing beach; and (d) had them navigated the water obs.

At the time, there was a lot of wind at the time, and in the case of "flash", there was a high possibility of backing due to wind influence, so even if a person engaged in the business of operating water leisure crafts conducts a business by using "flash" or conducts a business, he/she has a duty of care to check up the status of "flash" so that the accidents of falling passengers do not occur due to the force of "flash", and to thoroughly educate the passengers so that they do not suffer from the injury.

Nevertheless, the Defendant neglected to provide the victims with an adequate training of safety rules, and, without considering the wind’s impact, took the victims into the “flash,” and, without considering the wind’s impact, carried the victims into the sea, left down the “flash” with a high height of the air by the negligence converting the direction rapidly into the air, and thereby, led the victims to fall into the sea.

As a result, the Defendant suffered injury to the victim H, such as internal flasium, which requires approximately 4 weeks of medical treatment, due to such occupational negligence, and the victim I suffered injury, such as mination of flasium abandonment on the left side, which requires approximately 12 weeks of medical treatment.

2. Defendants B and A are the defendants.

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