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(영문) 전주지방법원 정읍지원 2019.01.22 2018고단465
업무상과실치사
Text

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

Reasons

Punishment of the crime

The Defendant is the owner of a fishing vessel “B” with 7.93 tons of a vessel, the captain and crew on board the vessel “B” and the person who actually controls the operation of the said vessel by employing the captain and crew on board the vessel “B” and giving specific instructions to them.

On March 24, 2018, at around 09:20, the Defendant directed the victim D (Nam, 60 years old) to wear anchor lines on the berthing C’s decks located at the bend line of the front line, and instruct the crew to wear the bend part of the anchor lines on B’s decks, with the end part of the anchor lines attached on the bend line of the above fishing vessel, and to assist the victim D, and he operated the bend line of the bend line.

In such cases, the defendant, a person in charge of safety management of seafarers, should inform the seafarers including the victim of the accident that the body might rapidly enter the two-way system, and should instruct the seafarers to keep far away from the two-way roller in order to prevent such accidents. In order to prevent such accidents, there was a duty of care to suspend the operation of the two-way system, to operate the two-way system in low speed, and to safely proceed with the operation of the two-way system in a close manner while examining the seafarers closely.

Nevertheless, the Defendant did not take any measures to see that the victim takes anchor lines in order to raise them into the roller of the two net, but did not take any measures to see that the anchor lines do not enter well the roller of the two net, and on the ground that the anchor lines do not enter well, the victim was negligent in the course of business which operated the two net machine in high speed without closely examining the victim, and the victim's hand did so rapidly between the roller of the two net, and caused the victim's breast part to conflict with the two net.

Ultimately, the Defendant caused the victim to suffer from the above occupational negligence, thereby getting the victim to suffer from the heart heat and separation from the heart, cutting of waste beer, closing, livering, and expanding.

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