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(영문) 광주지방법원 목포지원 2016.09.08 2016고단554

업무상과실치사

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall be the captain of the coastline C (9.77 tons) at the coastwise in the front-west, the defendant shall direct and supervise the crew, and shall be comprehensively responsible for safety so as not to cause harm to the life and body of the crew on board the ship.

On September 23, 2015, around 09:05, the Defendant: (a) completed anchor net fishing gear repair and maintenance works at three nautical miles south-do, west-do, west-gun, Newannam-gun; and (b) completed anchoring to the above fishing gear.

In such cases, a person in charge of safety management shall be responsible for the prevention of danger to the life and body of seafarers, and the person in charge of safety management, as mentioned above, shall closely observe the ship in preparation for safety accidents by the crew, and navigate the ship after checking the work conditions, etc. of the crew prior to the towing of the ship, and have the duty of care to prevent safety accidents of the crew by blocking it in advance.

Nevertheless, the Defendant could anticipate that the occurrence of a safety accident, such as falling on the sea, may occur at the time of the navigation of fishing gear by neglecting this, even though he did not closely observe the work situation of the crew on the deck of the former players, he did not follow the direction of arranging it. In particular, when the crew is under way to take appropriate measures, such as moving the crew to a safe place without taking measures such as moving the crew to a safe place, the victim DNA (59 years old) who was under way to reduce the crew's failure to take measures such as moving the crew to a safe place, and then fell into the sea by the chill force that occurred due to the aftermath of the ship.

Ultimately, the Defendant is guilty of occupational negligence as above.