beta
(영문) 수원지방법원 평택지원 2017.09.26 2017고단1719

업무상과실치사

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant, as a foreigner of the Myanmar nationality, was on board D (D, 11,481 ton class), a steel product transport vessel, as the third mate on board D (D, 11,481 ton class), and the foregoing D was on board as the third mate in China.

On August 22, 2017, after departure from the port of port of light and through the Incheon port, the border of Pyeongtaek-si and Jin-Jin-si.

From around 18:00 to 24:00 on August 23, 2017, the Defendant served as the watchkeeping staff member of the above D D’s 11 line at the port of Pyeongtaek and the port of navigation. In such a case, the Defendant, as the watchkeeping staff, had a duty of care to take the above measures to ensure the safety of seafarers who walk the wharf and the ship through the wharf through the boarding bridge, in accordance with the business regulations during the anchorage of the “ship operation and management procedures”, the Defendant, as the watchkeeping staff member, has appropriately adjusted the boarding bridge (2.5m in length) used as the passage between the wharf and the ship, depending on the changes in the steering, steering, etc., the instant boarding bridge (2.5m in length) was inspected as well as the safety of the boarding bridge, such as the installation of the safety network, etc.

Nevertheless, the Defendant neglected this and neglected to maintain the difference between a wharf and a ship’s decks about 4.5 meters, thereby lowering the height of the above ship (round 00:16, Aug. 24, 2017), and even though the boarding bridge and the ship were separated, the Defendant confirmed it, and installed or stopped the boarding bridge by changing it, or if it is difficult to install it, he/she partially changed the facts charged to the extent that it does not hinder the Defendant’s exercise of his/her right to defense, such as placing it safely.

The facts charged are as follows: (a) occupational negligence, which did not take measures such as “to fix a boarding bridge on board a ship or to change it to a more larger size than that of boarding bridge; and (b) on August 24, 2017, at around 00:02, the victim E (61) who is the captain of the above vessel, the captain of the above vessel, at least half of the wharf without fixing the vessel to return from the wharf; (c) approximately 4.