[재결취소][집31(2)특,127;공1983.6.15.(706),896]
The case recognizing the negligence in the course of duty on the collision of ships against the master who cleaned the fishing nets in the waters where the traffic of ships is frequent;
In the event that the captain finds a vessel sailing at a relatively frequent area of the vessel, the captain shall observe whether the vessel is in navigation around the vessel, and if the captain finds the vessel sailing at the top-day stop, the captain shall take measures, such as writing signals at a time when the her movement is visible and sufficient time to prevent the collision. Nevertheless, if the other vessel continuously approach the navigation of the vessel, the captain shall have a duty to take appropriate measures, such as increasing the speed of the vessel or suspending the engine, etc. to prevent the danger of collision. However, if the other vessel is approaching a relatively frequent area at a distance of about 500 meters, the captain is negligent in performing his/her duties in relation to the collision of the vessel, and if the latter takes measures, such as suspending the engine or power failure, etc. immediately after approaching the vessel at a distance of about 100 meters.
Article 5 of the Marine Accidents Inquiry Act, Article 750 of the Civil Act
The inquiree
The Director of the Central Maritime Accident Inquiry Agency
The Central Maritime Accident Inquiry Agency Decision 82-7 dated July 24, 1982
The appeal is dismissed.
The costs of an appeal shall be borne by the inquiree.
The grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the court below found the following facts in light of the evidence of the court below: (a) if the inquiree 50 tons of the total tonnage of the ship owned by ○○ Fishery High School or the captain of 180-mael engine was on board 020 m3; (b) he was engaged in washing the fishing gear at about 100 meters at the speed of 1.5 m3 m3; (c) on the sea unfolding about 40 m3 m3 in the direction of the above △△△△△; (d) if she was found to have an access to the above m3m3 at the time of the above 1m3m3; (e) if she had an access to the above m4m3 at the time of the above m3m3 m4m3; and (e) if she had an access to the above m40m3 m4m3 at the time of the above m40m3 m3.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young