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(영문) 울산지방법원 2018.07.19 2018고정471
업무상과실선박전복등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who goes on board a ship in Ulsan, or on a tugboat B (39 tons).

1. At around 14:00 on December 6, 2017, the Defendant, who was on duty and was on board a ship at the head of the agency C and was engaged in preparation work for cultivating the poppy F of the boom line in the vicinity of the offshore breakwater construction site in front of the E company located in Ulsan-gun D, Ulsan-gun.

At the time, the weather conditions such as the storming and winding on the sea have not been good, and the work site was low, and the risk of accidents, such as exposure cancer, expenditure cancer, and transboundary cancer, was higher than normal, because there were many cancers such as exposure cancer and liver cancers.

In such cases, the Defendant, as the captain of B, has a duty of care to check the surrounding obstacles through the field of the dog, when B delays work, or when B approaches rocks, etc. when leaving the strong wind and storm, etc. in order to prevent accidents, such as strandings, which may occur in the course of the F poppy operations, in order to prevent smoke, as a captain of B, and to check the surrounding obstacles through the field of the dog, etc., and to prevent B from spreading the engine from spreading.

Nevertheless, the defendant did not know that the work site would not cause any accident even at ordinary level, and neglected the above duty of care. On December 6, 2017, the defendant did not discover the rocks in the vicinity B, while preparing for the F poper's seedlings in the vicinity of the breakwater construction site, in front of the E company located in Ulsan-gun, U.S. on December 6, 2017, and did not discover the rocks in the vicinity B, and did not immediately use the engines due to strong wind and storm, but did not immediately use the engines. At around 14:05, B was abandoned at the beginning of the 14:05, and the hull was frightly occupied by a sexual wave around 15:40, and eventually, the captain and the head of the non-indicted B used the engines in front of the E company located in Ulsan-gun, U.S. at the site of the breakwater.

2...

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