Defendant shall be punished by imprisonment without prison labor for five months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the captain of Incheon fishing vessel B (inshore, 69 tons) in charge of safety management of the vessel and crew.

The Defendant around 11:50 on December 2, 2018, approximately 25 nautical miles south-gun, Incheon Spogjin-gun (N 37°21.07 minutes north latitude, 124°57.2 minutes east longitude) used the fishing gear B in the above B, which is thrown away from its inner part, to ensure that the crew do so, consists of its nets, fruits, fishing, and long, with a length of about 800 meters, about 5 meters in diameter; the water was used in a rectangular structure of about 20 meters in diameter at the upper end of the water; the water was fastened using a traw-line of about 900 meters in length; the part of the fishing gear was installed at the bottom of the water to maintain the condition that the water was loaded at about 25 meters; the part of the fishing gear was installed with the upper part of the tamp and upper part of the tamping net with the length of 15 meters in length, and the part of the fishing gear was installed with 15 meters in diameter.

근해자망 조업에서는 강한 장력이 발생되는 와이어로프가 인양되면서 선체의 외판에 걸린 후 튕겨 이탈하면서 선원이 부상을 입는 사고가 빈번하게 발생하고, 당시에는 해상에 너울이 있어 어선이 상하로 흔들리는 상황이었으므로 이러한 경우 선박 및 선원에 대한 안전관리를 총괄하는 선장으로서는 선원들이 다치지 않도록 작업을 중단하고 현장에서 선원들을 우선 대피시킨 후, 양망기를 조작하여 와이어로프 장력을 제거하는 등 사고 예방을 위한 조치를 취한 후 작업지시를 하여야 할 업무상 주의의무가 있었다.

Nevertheless, the defendant is on the outerboard of the hull.