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(영문) 제주지방법원 2015.04.17 2014고정834
업무상실화
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who goes on board as the head of the offshore cab (29 tons) with the cargo loading ship and the defendant B is a person who goes on board as the captain of the offshore cab (29 tons) with the cargo loading ship.

1. The Defendant A was on board as the head of the agency responsible for the management of machinery equipment and electric facilities, etc. in the entire ship of C, and the head of the agency responsible for the management of electric equipment and facilities, etc. The head of the agency responsible for the management of the foregoing agency room with a large number of inflammable materials such as electric equipment, electric distribution, distribution, and distribution, with a 6th engineer license for the electric facilities in which the risk of fire exists because of the occurrence of a fire, and the head of the agency responsible for the management of the foregoing agency room had a duty of care to prevent fire from spreading by taking complementary measures, such as checking the electrical condition of the electric wires from time to time and replacing the inappropriate parts, so as to avoid fire caused damage to the electric clothes due to a spack by the engine room, vibration, etc.

Nevertheless, the Defendant neglected this and neglected to ensure the safety of electric wires, but without taking any safety measures, caused the string of electric wires connected to the main distribution installed in the engine room at around 01:30 on February 20, 2014 due to the negligence of operating electric wires, such as 1, freezing (30KW), cooling-water circulation pumps, and miscellaneous water pumps, etc., and caused the damage of electric wires due to the string of the main distribution installed in the engine room at around 01:30 on February 20, 2014.

After all, the Defendant brought up the Victim D(57 years of age) shipment C(29 tons) owned by the victim.

2. Defendant B is responsible for navigation, safety management (seafarers, hulls, fishing gear, etc.) necessary for the operation and management of vessels as captain C and is under command of fishing operations.

The defendant is driving at night at night, such as a power generation institution and ship equipment, etc., and many ships are sailing at night.

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