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(영문) 대전지방법원 홍성지원 2018.08.14 2018고단195
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fishery as the captain of a fishing vessel B (7.93 tons) of an inland net (7.93 tons) for the improvement of the cost of loading.

On December 5, 2017, the Defendant: (a) entered the said fishing vessel along with the victim C (50 years of age) and D (beetnam), and arrived at the sea of about 11:00 on the same day, 11:00 on the same day, at the Yacheon-si, Yacheon-si; (b) the Defendant adjusted the location of the said fishing vessel in order to take up the improved eutic net fishing gear on the sea at the steering house; and (c) the victim was working to cut the fishing gear using the hiver device installed at the sea on the on-board deck of the player.

In such cases, the defendant, a captain, has a duty of care to inform seafarers of the risk of the mass-net work, to thoroughly conduct safety management education, such as maintaining the safety distance from the mass-nets during the work, to thoroughly monitor or prevent the main work person's safety, and to prevent the safety of the main work person in an emergency, and to prevent the two-nets installed in the steering house in advance.

Nevertheless, the Defendant neglected this and did not conduct education to prevent risks that may occur in the course of the work to the seafarers including the victim, and the crew who operated the two-way anchor line and two crew members who operated the two-way anchor are mixed with the victim, and the victim who operated the two-way gear at the time of emergency at the time of the occurrence of the two-way situation by negligence on December 13:11, 2017.

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