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(영문) 전주지방법원 군산지원 2014.02.18 2013고정824

업무상과실치상

Text

Defendant shall be punished by a fine of KRW 1,800,000.

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

Reasons

Punishment of the crime

The defendant is a person who goes on board as the captain of the B (24 tons, 6 passengers on board) of the offshore gymn fishing vessel (24 tons, 24 tons on board).

Around 08:00 on July 20, 2013, the Defendant, including the Defendant, on board the ship of six seafarers (one crew member of Korea, two crew members of China, two crew members of Vietnam), including the Defendant, at the time of 12:00 on the same day after departure from the port of operation, tried to set the Angang net fishing gear and anchor, which was installed on the sea at the 2-math day of Sinsan City, Sinsan-si, a fishing operation place, at the 12:0 on the same day after departure from the port of operation, to move the place of operation on the 2nd day of Sinsan-si, Sinsan-si, and to move the place of operation on the sea.

In such a case, the Defendant, who is a captain responsible for the safety of vessel and crew, has taken the anchor of the safe-net (weight 2.5 tons) projected at the bottom of the stem deck (weight 10cm high), with a view to keeping the crew at a anchor (12 meters high from deck) from being faced with the anchor, has taken a duty of care to actively take measures necessary for the prevention of accidents, such as increasing the number of crew at anchor (12 meters high from deck), and the Defendant, who is well aware of the fact that the ship has winded on the sea above the above sea (1.3 meters), which is a place where the work is conducted, and that the ship has a high winded on the left and left, and that the ship has a high wave (1.3 meters high from anchor) so as not to cause any safety accidents involving the crew, has been fasted to the bottom of the anchor which is not fixed, and has been obliged to take measures for the prevention of accidents, such as increasing the number of crew at anchors at anchor.

Nevertheless, the Defendant, on the premise that there is no way to work as usual, is the victim on the deck of B players at around 14:00 on the same day on the same day due to negligence that he/she prepared a voyage to have him/her move his/her place of operation within the steering house and did not take any safety measures while leaving his/her funeral work only to his/her crew.