업무상과실선박파괴등
Defendant
A shall be punished by imprisonment for six months, by a fine of 2,00,000 won.
Defendant
B The above fine.
Punishment of the crime
Defendant
A is the master of the cargo ship D (438 tons) and is the person who is generally responsible for the safety management of the ship at all times, and the defendant B is the first class mate of the ship and is engaged in the operation of the ship at all times.
1. The Defendants’ joint crime committed on June 12, 2016, Defendant A loaded 8 vehicles in F located in Newanan-gun E around 09:00 to the said D, and departing from the Republic of Korea to the same area with a G located in the same area and proceeded with a speed of about 8 knots at a speed of 8 knots.
At the time, visibility is significantly restricted due to agricultural affairs.
Since the place is a sea area with frequent traffic of the off-speed line, Defendant A has a duty of care to prevent the collision of vessels in advance, such as direct command of the operation of vessels for the safe navigation of vessels, increase in the surrounding situation and the risk of collision with other vessels, etc., and Defendant B had a duty of care to prevent the collision of vessels in advance. Defendant B had a duty of care to prevent the collision of vessels by requiring the captain A, if necessary, to place an increase in personnel or radar personnel at intervals of not more than 2 minutes, or sending a sound signal one time at intervals of not more than 2 minutes.
Nevertheless, Defendant A did not direct the direct operation of the vessel even though he knew that the sea area in which the accident occurred is considerably restricted and that there is a concern about the risk of collision of the vessel due to a large number of vessels, and that Defendant B did not assign the personnel or radar personnel at the time of the visit, and Defendant B sailed without sending a timely sound signal in the absence of additional personnel or radar personnel at the time of the check.
Ultimately, the Defendants discovered the K (2.86 tons) of a fishing vessel, which was sailing on the right side of the said D due to the negligence in the course of their duties, late, and did not escape.