업무상과실치사
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Punishment of the crime
The defendant is the master of Jeju B Don Fishing Vessel C (29 tons).
At around 00:40 on December 22, 2018, the Defendant went to and out of the port of Seongbuk-si, including the victim D (Indonesia and 24 years of age), and came to and out of the port of Seongbuk-si, which had been connected with 115 passengers today at the 26 nautical miles south East-do, Jeju, on December 24, 2018.
At the time, the custom at sea was 12 to 16 meters, wave, and 2 to 4 meters long-term weather was not good, so it was easy for the victim to work, such as being fluored on the hull. The victim, alone, without a crew member, took a fluorial flag (5 to 8 meters in length, 5 to 6km in weight) connected with the fishing gear and gear, and C was a place with a high risk of falling on the sea by overcoming the wave, as there was no structure to prevent waves by the roof, etc. different from other parts of C.
In such a case, the defendant, who was under the control of the overall operation as the captain responsible for the direction and supervision of operation and safety management, should continue to observe the work of the crew including the victim so that the crew can work safely without being placed on the sea, and there was a duty of care to properly place the crew at each place of operation so that the crew can take relief measures immediately when the crew is placed on the sea and prevent safety accidents.
Nevertheless, the Defendant neglected this and caused the victim to fall on the sea by reducing the body of the victim who had been engaged in the work of leaving the finial flag by negligence in the course of his/her duty without any additional placement of the crew in a state of bad weather and without properly examining the working conditions of the crew, etc., and caused the victim to benefit from the sea at around December 24, 2018. < Amended by Act No. 15006, Dec. 24, 2018>
Summary of Evidence
1. Statement made by the defendant in this court;
1. The defendant of the police preparation.