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 two years from the date this judgment became final and conclusive.

Criminal facts

The Defendant is the captain of the ship B (139 tons) in the south-do, who is responsible for the safety of seafarers, such as the operation of the ship, the prevention of danger, and the prevention of accidents.

On April 13, 2020, the Defendant departed from Korea Forest on Jeju Island, around 08:16, to operate with 10 seafarers, including the victim C (36 cm) of Vietnam nationality, in order to operate the fishery along with 10 seafarers. At around 18:00 on the same day, the Defendant made the navigation at a speed of 3:4 nautical miles (3:08 degrees north, 127:37 degrees north, east 127:37 degrees East, east 127:37 minutes) of the 74 nautical miles southwest-west, Seo-do, Jeju-do on the same day, and let the seafarers of the said vessel flow the water at sea.

In such cases, the defendant has a duty of care to prevent accidents, such as providing sufficient safety education prior to work and requiring seafarers to wear life jackets to prevent accidents that fall on the sea.

However, at around 18:21 on the same day, the Defendant neglected the above duty of care and caused the death of the victim by falling down on the sea through a powerway, which was waiting to drive the development plate connected to the water on the port side of the said vessel into the sea without wearing the safety life jackets, and 3.5 meters below 3.5 meters below the vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to D, E, F, G, H, and I;

1. A report on the occurrence of a loss (the disappearance of a seafarer in Vietnam on the sea);

1. Reporting, notification, and direction 1 to 8 notifications of the occurrence of return and missing seafarers;

1. Reporting, notification, and instruction of comprehensive results related to the search of book-keepings and missing seafarers;

1. Register of passengers on board (B);

1. Schedule (C) of the registered alien record, and current status of entry and departure of each individual (C);

1. Chairperson of the fishing vessel insurance contract (B), Chairperson of the fishing vessel prime insurance contract (B);

1. The distribution and notification of the disappearance of missing crew members on the sea of Vietnam, the Allim Management Act-the Missing Complex (C);

1. A report on internal investigation (a person next to the temperature of seawater);