本研究旨在分析日本游泳池溺水事故判決現況,以作為我國游泳池相關人員及司法人員之參考。本研究蒐集日本1954年1月至2008年6月之三級法院游泳池溺水事故判決,共計62篇。採用內容分析法分析游泳池溺水事故判決結果,研究結果為:一、事故結果為39人死亡(62.9%),19人成為植物人(30.6%),1人失明(1.6%),3人受重傷(4.8%)。二、事故發生原因件數最多為跳水。三、被告身分以地方政府最多(79.0%),民營企業次之(17.7%)。四、在原告控訴被告過失類型中,以指導過失最多,其次依序為設施缺陷、管理過失、救生員過失、救護過失。五、以民事侵權行為提起告訴者佔21.0%,以國家賠償提起告訴者佔75.8%,以刑事提起告訴者佔3.2%。
The study focused on the court judgments on the swimming pool drowning accidents in Japan, and concluded the court judgment trends. The study collected 62 court judgments of the drowning accidents in swimming pools from Jan, 1954 to Jun, 2008, used content analysis to understand the sentencing trend of the drowning accidents in swimming pools. The study outcomes were as follows: 1. The drowning accidents caused 39 dead (62.9%), 19 people vegetables (30.6%), one blind (1.6%) and 3 with severe injuries (4.8%). 2. The most frequent reason why the accidents occur was diving. 3. Most of the defendants (79.0%) were local governments, and the enterprises run by local people (17.7%) were the next. 4. Among the defendants in negligence category, instruction mistakes placed the first, facility flaws placed the second, administrative errors the third, lifeguard's mistakes the fourth and rescue errors the fifth. 5. Among all the lawsuits, 21.0% of them were against torts under civil litigation, and 75.8% of them sought for state compensations, and 3.2% of them were accused of criminal negligence.