Defendant

A Imprisonment with prison labor for seven years and for one year, respectively.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

Defendant

On January 7, 2016, A was sentenced to three years of imprisonment for a violation of the Immigration Control Act by the Gwangju High Court on the violation of the Immigration Control Act, etc. and completed the execution of the sentence on December 8, 2017.

[2018 Highest 339]

1. The defendant A resulting from occupational destruction of a ship, occupational destruction of a ship, or death or injury shall be engaged in overall affairs concerning safe navigation of a ship with the captain of the F (498 tons) of the cargo ship F (498 tons) of carbon;

Defendant

A, around April 10, 2018, around 15:20, around the Busan High Port, the head G and three seafarers from Indonesia were on board, and entered the port of China where he was scheduled to leave the port of destination. On April 12, 2018, around 00:30, on the 15:00 on the 15:30 on the 10th day of Busan High Port, the Republic of Korea was on the adjacent sea.

At night and at that time, the sea was the place where fishing vessels, etc. are in operation and operation, and H(fishing vessels, 15 tons) was at anchor for operation.

In such cases, for the safety in navigation of a ship, the captain shall have the crew on board the ship in accordance with the service capacity certificate issued by the country where the ship is loaded and have the crew capable of navigation safely navigate the ship, and shall frequently communicate with the Control Center by setting up a HF channel in preparation for the danger of collision with other ships, thoroughly coordinate the detection range of the radar installed in the steering house, and check the vicinity of other ships while frequently adjusting the detection range of the radar installed in the steering house, and have the duty of care to prevent a collision with other ships by using various navigation equipment, such as radars, GPS display grounds, etc.

Nevertheless, Defendant A, including Defendant A, who neglected this and failed to meet the minimum prescribed number of the certificate of the fixed number of seafarers working on board, was on board five seafarers, including Defendant A, and Defendant A, due to lack of navigational capacity, has accumulated so that Defendant A is on duty for at least 20 hours per day.