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(영문) 광주지방법원 해남지원 2015.11.05 2015고단385

업무상과실치상

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 is the owner of a coastal sea-net fishing vessel B (7.93 tons) and the captain, who is responsible for the operation of the above vessel and the safety management of the crew.

On April 23, 2015, the Defendant: (a) on April 23, 2015, around 21:58, 2015, on board the ship at the 7 nautical miles southnam-gun, Jindo-gun Man-gun Man-gun, with the fishing gear thrown on the sea from the outside of the stern to the deck.

In such a case, the defendant, as the captain of a fishing vessel, has a duty of care to prevent harm to the seafarers due to safety accidents by providing safety education in advance to the seafarers who engage in the work so that the crew can safely carry the fishing gear with heavy weight from the middle part of the fishing gear on deck to move from the stern outside of the vessel. During the work, there was a duty of care to prevent danger from being exposed to the crew, such as ordering the crew to engage in the work on deck at the bottom of the inside part of the ship without being listed on the steering part of the ship.

Nevertheless, while the Defendant violated the above occupational duty and had the crew engage in the work of throwing a rope on the middle part of the fishing gear in which the crew of the above vessel was in the middle part of the fishing gear in which the crew of the above vessel was not worn a life jackets, the Defendant, while carrying the rope on the middle part of the fishing gear on the port side of the vessel in which the crew of the above vessel was not worn a life jackets, was inflicted an injury on the number of days of treatment to the extent that the vessel might fall on the sea and fall on the sea and fall on the sea and went missing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Information on the shop of a vessel, on board a vessel, and an inquiry;

1. Seven copies of a photograph of the missing person (C);

1. A report on the occurrence of, direction for, notification of, and a report on the actual status of, a person who is presumed to be missing;

1. Application of Acts and subordinate statutes to report internal death (the confirmation of whether a shipmaster was negligent in performing his/her duties);

1. Criminal facts;