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(영문) 제주지방법원 2020.11.13 2020고단1040
업무상과실치사
Text

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.

Reasons

Punishment of the crime

The defendant is the captain of a large-scale ship, a low-load ship B (66 tons), a crew member, and a person engaged in affairs concerning the operation and safety management of a ship at all times.

On February 23, 2020, at around 19:30, the Defendant: (a) reduced a considerable amount of fishing nets for the operation of vessels at the sea of approximately 38 nautical miles in the Southern East East-do, Seopopo-si; (b) caused a victim C (the age of 48) who is not qualified as a diving technician to carry out diving operations to remove a tension fishing net.

In such cases, the defendant has a duty of care to check whether the victim is suitable for diving work, such as holding a diving technician's qualification, and to assign a supervisor when the victim divings work, and to check whether the victim is likely to cause any danger or health disorder due to the breakdown of diving equipment or other accidents.

Nevertheless, the Defendant neglected this and caused the death of the victim who moved to E in Seopo-si D on February 24, 2020 due to occupational negligence, where the victim caused the victim to sleep without any particular confirmation as to whether the victim could be able to diving, and where he did not place a supervisor, and caused the victim to die.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of each copy of the statement in F of the police preparation and G in each statement; and

1. Entry of a copy of a report on internal investigation (B CCTV image verification) prepared by the police and images thereof;

1. Each description of each situation report prepared by the police;

1. Statement of replies (including attached documents) as a result of inquiry into the acquisition of qualifications for the preparation of the Jeju President of the Human Resources Development Service of Korea;

1. A copy of output of vessel detailed information, and the current status of entry and departure;

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