Supreme Court Confirms 'Not Guilty' for Nursing Home Operator After 80-Year-Old Patient Jumped

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[Asia Economy Reporter Kim Daehyun] The operator of a nursing home where an 80-year-old dementia patient opened a window and jumped out has been acquitted by the Supreme Court after being prosecuted for failing to fulfill the duty of care in the course of business.

On the 25th, the Supreme Court's 3rd Division (Presiding Justice Noh Jeonghee) announced that it upheld the lower court's ruling acquitting nursing home operator Mr. A, who was charged with professional negligence causing injury.

Mr. A was accused of failing to fulfill the duty of care in connection with an incident in September 2019, when dementia patient Mr. B (80), admitted to the nursing home he operated, opened a window on the third floor and jumped out. At the time, Mr. B fell onto a van outside the nursing home, sustaining injuries requiring 14 weeks of medical treatment.

The first trial court found Mr. A guilty and sentenced him to a fine of 5 million won. The court pointed out, "The victim attempted to go out through the window, and the operator should have responded promptly to such sudden behavior, thoroughly managed window locks to prevent dangerous situations, and increased staff for monitoring and protection to ensure the victim's safety."

On the other hand, the second trial court acquitted Mr. A, stating, "The defendant and the caregivers could not have predicted the victim's behavior." The court noted, "The 2019 district office inspection found all physical, personnel, and facility standards to be appropriate," and "The defendant regularly instructed caregivers to frequently check on the victim." It also added, "There was no indication that the victim exhibited abnormal or violent behavior."

The Supreme Court agreed with this judgment and dismissed the prosecutor's appeal.

This content was produced with the assistance of AI translation services.