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(영문) 부산지방법원 2015.11.05 2015고단4499

업무상과실치사등

Text

Defendants shall be punished by imprisonment without prison labor for one year.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the person in charge of the operation and management of a ship as the master of a carpet passenger shipO (in bulk, 5,223 tons). Defendant B is the person in charge of the operation and management of the ship as the master of the first class mate of the aboveO, and the person in charge of the check of the ship at the time of entry into or departure from the port (in the observation of land and radars, observation of objects around the ship, moving vessels, etc.). Defendant C is the captain of P(in the oil hold cleaning, 29 tons) engaged in oil hold cleaning business registered pursuant to Article 70(1)3 of the Marine Environment Management Act.

1. On January 17, 2015, Defendant A and Defendants B boarded the sameO on board at the Busan Coastal Terminal located in Jung-gu, Busan, and sailed into Jeju-do to the speed of about 10 knotss in front of the third side of the Busan Port. At around 20:10, Defendant A and Defendant B boarded Q, a seafarer, on board the P at the Busan Coastal Port, and went to the speed of about 7.8 knotss in front of the third side of the Busan Port. At around 20:10, at around 20:10, Defendant C was on board Q, a seafarer, on board the P at the Busan Coastal Port, and went to the speed of about 7.8 knotss.

At night, the sea near Busan Port is a place where the passage of the ship is reached and the port of entry is narrow, so in such a case, Defendant A, the captain of the ship, has a duty of care to prevent the collision of the ship by operating at a speed and assigning field workers to prevent the collisions with other ships operating within the port, and by thoroughly directing the boundaries by the shore and the radars. Defendant B had a duty of care to thoroughly monitor the close of the other ships by checking by using the shore and the radar, and to order the field workers placed at the players or the steering boat to check the situation, and to prevent the collision of the ship. Defendant B has a duty of care to prevent the collision of the ship. P falls under the priority give-way vessel as prescribed in Article 2 subparagraph 2 (g) of the former Public Order in Open Ports Act, and should avoid the course of other ships within the boundaries of an open port.