업무상과실치사등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. The Defendant is a person who operates the Kim gam in the maritime waters adjacent to the Jeonan-gun B and is a captain of the unregistered fishing vessel (2 tons) used in the above Kim gam farm and is engaged in the safety management of the workers on board the fishing vessel and the aircraft.
At around 12:00 on November 23, 2018, the Defendant boarded the victim E (the age of 35) and F (the age of 22 and Thailand nationality) on the aforementioned fishing vessel at the D-line located in the Dandong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, the Defendant, at the D-line, went to the above Kim G-type, and was engaged in the Kim Gathering-out work. In order to change the direction of the operation of the above fishing vessel, the victim was on the on-board rail of the fore, and the above F was in line with the Kim G-type from the on-board rail of the fore.
At the time, a very rapid steering of a vessel that falls under 7 water is running on the sea, and there was a risk that workers who are engaged in the captain's duty may fall on the sea. In such a case, the captain had a duty of care to properly operate the vessel using an engine and to have the workers wear safety devices, such as handbags, etc., in preparation for the occurrence of danger, and to have the workers wear safety devices, such as life jackets, etc., and to order workers to stop the work by closely examining the situation.
Nevertheless, the Defendant neglected to install safety devices on the above fishing vessel, and caused the victim who was engaged in the work to fall on the sea in order to change the direction of the above fishing vessel by negligence while the workers did not wear safety devices such as life jackets.
Ultimately, the Defendant caused the death of the victim of the above temporary death due to the above occupational negligence.
2. Where a fishery right holder violates the Fisheries Act intends to use a fishing vessel necessary for controlling fishing grounds of his/her fishery business, the head of a Si/Gun/Gu.