Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

The defendant is the owner and captain of the School Port B(4.99 tons) fishing vessel B(4.99 tons) in Busan-gun, and is the general manager for the above vessel operation.

On July 4, 2019, at around 08:08, the Defendant was sailing at the 23-nautical miless from the east-gun, Busan Metropolitan City Coast Guard.

At the time, the victim C (the 68 years old) and D (the 56 years old) who is the crew of the defendant, except the defendant, are diving in the steering house below the steering house, and operated the ship at the mixed steering house of the defendant. Thus, when the other ship was approaching the steering house in the situation of leaving the steering house, the risk of collision of the approaching ship was very high because it is difficult to grasp in advance the navigation information about the approaching ship and the risk of collision.

In such a case, the Defendant, a person in charge of vessel operation, has a duty of care to ensure that the Defendant takes appropriate and effective action to avoid a collision with another vessel, and at all times proceed at a safe speed so that the vessel can stop at a distance appropriate to the prevailing circumstances and conditions, by using various navigational equipment, such as radars, etc., and to observe early the risk of collision. In addition, the Defendant, a person in charge of vessel operation, judged that there is a risk of collision if there is no obvious change in the her course defense of approaching another vessel, and has a duty of care to prevent the collision in advance by taking appropriate measures, such as prompt collision, change of speed, and mooring, etc.

Nevertheless, the defendant neglected this and did not assign additional security personnel for the purpose of internal inspection, etc. in the engine room located at the lower part of the steering house, etc. during navigation.