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(영문) 울산지방법원 2020.01.10 2019고단2897

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the captain of an inshore fishing vessel B (24 tons, eight crew members on board), who is in charge of overall control and supervision of the operation of the vessel, safety and hygiene of seafarers, prevention of accidents, injury and disease during work, education, training, etc. as well as the operation of the vessel.

On March 8, 2019, the Defendant went to the port of Ulsan-gu, U.S. and seven crew members, such as the victim C (C and 28 years of age) of the inshore network operation vehicle at the defensive port of Ulsan-gu, U.S., and arrived at the sea near the 39 nautical miles of the Jeju-gun, U.S., the U.S., on the same day, at the 39 nautical miles of the East Jeju-do (N 35.21 minutes north latitude and 130.09 minutes east longitude) and had the crew members, including the victim, take a work of

In such a case, the defendant, as the captain, has the crew who are engaged in the projection work wear safety equipment, such as a safety bell, life jackets, and safety cap, and conduct safety education on the details of the specific work in advance, and assign them to the projection work at an appropriate location in consideration of the level of the crew's work experience. Even though each crew member neglected to keep the blades and equipment around the work site in preparation for the occurrence of an accident, the defendant, upon entering into an employment contract with the defendant, has the victim who participated in the projection work, check the slot gear and deck gear at the same time, and perform the work for the first time. As such, the defendant, as the captain, required the victim to perform the work at the position of the projection network requiring skilled training, while providing the victim with prior safety education or continuing the work without being informed of the safety equipment, caused the victim to fall on the sea along with the objects, and cut the victim's expense in the process.

Ultimately, the Defendant had been engaged in the business by negligence as above.