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(영문) 전주지방법원 군산지원 2018.09.19 2018고단400
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The Defendant is the captain of the inshore-type fishing vessel C of the inshore-type fishing vessel at the time of loading in North Korea, who is the actual owner, and is the person responsible for the safety of the life and body of seafarers aboard the vessel.

On November 6, 2017, the Defendant instructed seafarers to walk the water at sea 12 nautical miless from the North Gun, Si, Gun, Do, Do, Do, Do, Do, Do, Do, and Do.

At night, the player deck of the above fishing vessel was installed at night, and there was frequently an accident that crew gets involved in the fingers or arms when he gets involved. However, the Defendant was granted a license for offshore-type fishing business from the Cheongnam Do governor on the condition that “the Defendant shall not operate a vessel subsequent to the truth.” In such a case, the Defendant did not instruct the crew to conduct a night-time fishing, such as giving the crew a notice of the risk of the two-nets to the crew. In fact, there was a duty of care to manage and supervise the two-way crew’s body, etc., such as giving a thorough consideration to the crew’s working condition, and to prevent any accident that the crew’s body, etc. entered into the two-way.

Nevertheless, the Defendant neglected this and ordered seafarers to conduct operations at night on three occasions from November 5, 2017, and had the crew do so without any particular education. The Defendant had the victim E (61) operate the two network equipment installed on deck to the right side of the fore, and did not take care of or manage and supervise the work situation of the crew.

Ultimately, due to the above occupational negligence, the Defendant is established in the vicinity of the fore part of the players at around November 7, 2017.

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