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(영문) 부산지방법원 2014.05.22 2012고정1117

업무상과실선박매몰

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From October 22, 2009 to January 31, 201, the Defendant was in office as a joint representative director of the “E Co., Ltd.”, a lessee of dredging equipment located in Busan Nam-gu, and entered into a contract for the lease of dredging vessel H (361 tons) (hereinafter “instant vessel”) to G, a subcontractor of the F Dredging Corporation, which was the lower government’s lower government office, on October 22, 2010, and was responsible for the management and supervision of the instant vessel put into the site.

On December 2, 2010, the Defendant: (a) performed dredging construction work using the dredging pumps of the instant vessel at the F site located in Kimhae-si, Kimhae-si; (b) instructed the captain, etc. to prohibit the outboard emission of the instant water, and to store the said water in a two-dimensional tank 4th century, on the ground that the water from the dredging pumps and engines was mixed with the water from the water from the warsaws located between the dredging pumps and engines, which is equivalent to 2-3 tons of water from the engine room.

In such a case, the incidental tank in the dredging vessel is an important structure that serves to ensure the support of the vessel and prevent the sinking of the vessel. As such, the Defendant neglected his duty to unload the water stored through the treatment company from time to time and make every effort to ensure the safety of the vessel of this case. In addition, even though the captainJ, etc., who recognized the risk of sinking of the vessel of this case, requested unloading and processing several times, requested to do so by the captain, etc., but impliedly, he/she did not consider the safety of the vessel of this case at the existing dredging project around 110 tons of water (80% of loading capacity) and unnecessary mixed oil (MDO) 8 tons, etc., due to the collision loading of about 110 tons of water (1.6 meters in load) at the port of the instant vessel, which exceeds 35 cent meters of the safe draft of the vessel. < Amended by Act No. 10950, Jan. 20, 2011>