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(영문) 광주지방법원 목포지원 2019.02.08 2018고정188

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of the Jeonname-gun, the inshore Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime Maritime B (15 tons) who is responsible for the direction and supervision of the crew and the overall responsibility of the vessel

On June 17, 2018, at around 08:30, the Defendant started operating a anchor-net fishing gear with crew members, such as victim C (the age of 57) at sea 13 nautical miles in the front of the front of the front of the steering house, and the victim arranged the front of the steering house B from the front of the steering house so that the line of the fishing gear may not be crossed and transferred to D.

In such cases, the Defendant has a duty of care to provide safety education to seafarers so that they can safely work in fishing gear, to closely see the working conditions at the site, to have seafarers able to perform duties, and to prevent safety accidents, such as replacement of workers or giving due attention when they are familiar with the duties.

Nevertheless, the Defendant neglected to conduct safety education and did not take measures such as replacing a worker with the knowledge of the fact that the victim was not familiar with his/her duties, and did not immediately move the scene to the steering house with the knowledge of the fact that he/she did not take such measures as replacing the worker, and caused the victim to wear down the bridge of the victim who attempted to unfold the scene, thereby leading the victim to a railing on the right side, thereby causing the victim to suffer the injury to the bridged body part of the bridge, accompanied by a 11 week non-fast-fastro that requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;