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(영문) 대법원 1983. 7. 26. 선고 81추3 판결
[재결취소][공1983.10.1.(713),1339]
Main Issues

Cases of recognizing occupational negligence on the captain who operated in violation of the mid-to-air navigation law;

Summary of Judgment

In a case where a passenger ship conflicts with another ship in the middle of the navigation, the captain scop 20 minutes prior to the collision, and the captain saw the above ship from the scop 20 minutes prior to the collision to the scop 20 minutes, and the vessel moving from the 0.5 mam of the above ship to the scop scop to the scop, and received a report that there is a risk of collision as to the scop as soon as possible, and the vessel is in motion from the 0.5 mam from the scop to the scop scop to the scop. In addition, even though the scop to the scop to the scop from the scop to the scop, the collision occurred due to negligence in the course of performing duties concerning operation in violation of the law on safe speed of the above captain and the amount of the schip scop to the scop.

[Reference Provisions]

Articles 5(2) and 6(1)2 of the Maritime Accidents Inquiry Act

Suwon-Appellant

The inquiree

Defendant-Appellee

The Director of the Central Maritime Accident Inquiry Agency

F.C. HUD

Central Maritime Accident Inquiry Agency No. 81-16, Sep. 2, 1981

Text

The appeal is dismissed.

The costs of an appeal shall be borne by the inquiree.

Reasons

The grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below found that there was no 80.06 tons of the above 44 o's gross tonnage and that there was no danger of collision between the above 6 o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's o's 2.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-ju (Presiding Justice)

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