Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

A. In a situation where the misunderstanding of the legal principle does not clearly explain how the victim fell away from the sea due to any mistake, the omission that the defendant did not force the wearing of the life jackets on the ground that the crew inconveniences alone cannot prevent the defendant from committing a crime of occupational negligence.

In addition, it is doubtful whether the victim would not have died if he/she had a life jackets worn.

B. The sentence sentenced by the court below to the defendant (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of legal principles, the crime of occupational negligence in Article 268 of the Criminal Act, which is established when a defendant is liable for occupational negligence, is committed when the death is caused by occupational negligence, refers to a case where the occurrence of the consequence is not predicted or avoided by neglecting the duty of care required for occupational negligence.

Article 45 of the Maritime Affairs and Fisheries Act provides that no person shall interfere with or interfere with the professional judgment of the captain for the safety of the ship.

"The captain shall direct and supervise seamen and may issue orders necessary to perform the captain's duties to those who are in the ship as the captain's authority."

Article 6 (Article 6) and Article 23 (3) of the Seafarers' Act provides that the captain's disciplinary right (Article 22), the captain's compulsory power on dangerous articles (Article 23 (2)), the captain's compulsory power (Article 23 (3)), and the captain's enforcement rule provides that seafarers shall be aware of and comply with the standards for the prevention of safety in the ship in order to prevent danger in the ship when the captain's work is performed.