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(영문) 부산지방법원 2020.12.16 2020고단3961

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain who is the owner of the fleet B (65 tons) in Busan City, and is responsible for the operation of the tugboat and the safety of the crew.

At around 00:00 on January 11, 2020, the Defendant: (a) laid down a large loading machine, sea-net fishing vessel C and D (135 tons each), which is scheduled to dispose of the closed vessel in the Bupyeong-gu Busan Metropolitan City, and (b) C, which is a safety management seafarer, was on board the Defendant E (ma, 48 years old), and D, which is a safety management seafarer.

After that, the Defendant started to tow C and D with C and D by connecting C and D’s tugboat B and towing line, and started to tow C and D with H shipbuilding station located in G in Gyeong-gu, Gyeongnam-do, Gyeongnam-do, Gyeongnam-do, at around 10:31 10:31 on the same day, the Defendant came to close to the port of the Tong-do, the destination of which was about 0.1 nautical miles at the port of the port of the North Do, Do-dong, Do-dong, Do-do, through the port of destination, followed the suspension of B and followed the towing line by approximately 50 meters at around 10:32 on the same day.

In such a case, the Defendant, who was on board a towing vessel as a safety control manager, shall give sufficient notice of safety accidents that may occur in the course of towing and educate the victims, who are seafarers of safety control, to be in the course of towing, and in order to prevent such accidents, the Defendant has a duty of care to prevent accidents in advance by moving the towing boat, as a strong strength has occurred in the towing. As such, in the event of a sudden moving of the towing boat, an accident may occur when a towing takes place from the home of towing and a person in the vicinity of the towing. As such, the Defendant has a duty of care to prevent accidents by taking measures such as evacuation of persons in the vicinity of the towing line to the safe place of towing, etc.

Nevertheless, the defendant neglected this and did not pay particular attention to safety accidents that may occur in the course of towing work to the victim or provide education to the victim, and the towed C.