업무상과실치사
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is the owner or the captain of a ship B (the loading of a ship in the south of Korea, the coastal fishing, and 2.99 tons) who is engaged in the operation of the ship, and the victim C (the South and the 54 years old) is the seafarer of the ship.
On July 9, 2019, the Defendant, around 06:45, had been engaged in the operation of fishing gear with a victim and a foreign seafarer at the neighboring sea in Yong-gun, Young-gun D.
In such a case, the captain has a duty of care to ensure that seafarers can work at a safe deck, to ensure that seafarers can work at a dry place, to keep life jackets in a normal operation condition by frequently checking at a dry place. During the work, the captain has a duty of care to carefully observe the surrounding maritime situation and the work conditions of seafarers to avoid an accident, such as fall on the sea.
Nevertheless, the Defendant neglected this and carried a life jackets, the normal operation of which is not confirmed, and had the victim work at a dangerous place with no safety equipment. Ultimately, the victim fell at the sea during the work process.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. E statements, police statements concerning F;
1. Report and recommendation on the occurrence of a disaster, report on the detection of a ship in violation of the Regulations on the Safety of Ships (Unreported of Departure), comprehensive report, instruction, notification of the detection of a person who has suffered from a disaster in violation of the Regulations on the Safety of Ships, comprehensive report, identification of a person who has suffered from a disaster in a wooden snick, photo of a person who has suffered from a disaster in a snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick sl