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(영문) 부산지방법원 2018.03.28 2017고단6233
업무상과실치사
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of C(330 tons) who is the deep-sea butts of Busan butts, and is responsible for all kinds of affairs on board a ship, such as navigation and fishing.

On May 11, 2017, the Defendant went on and departs from the port of the Seo-gu in Busan, Seo-gu, Busan, and thereafter on September 28, 2017, on the high seas of Russia (North 41.43 degrees, east 150.48 degrees, east 150.48 degrees) and on September 28, 2017, the Defendant was expected to grow weather, and the Defendant continued to perform the payment work so that housework, etc. is not damaged due to bad weather while navigating at approximately 11 knots at the speed of around 11 knots.

The above vessel has a flexible pump type window used to draw water, so the Defendant, who is in charge of various works and safety management inside the vessel, has a duty of care to check, control, and supervise whether there is any neighboring person prior to the operation of the window in order to ensure that there is a rubber line, etc. with the direction of the window set up in the direction of the window to prevent the operation of the window, and that there is a duty of care to supervise and supervise the crew so that there is no neighboring person.

Nevertheless, as long as the Defendant neglected to conduct prior verification as to whether the wind is safe in order to prevent the operation of the wind, or to manage and supervise the crew's work such as the wind, it is high to the direction of the off seafarer due to occupational negligence, and the Defendant operated (ON) the core of the water connected to the upper part of the wind (the plastic materials connected to the last part of the water so that the water does not sit on the sea). Accordingly, the Defendant laid down the body side of the victim D(52 years old) who is the deck that was seated on the right side of the ship adjacent to the above top part.

Ultimately, the Defendant’s occupational negligence at around 07:00 on the same day.

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