The captain's duty of care in the collision of ships;

In the situation of Article 10 of the Seafarers Act, the captain shall direct the ship directly on deck, and in such case he shall perform his duty of care in accordance with the rules on the prevention of collisions at sea.

Article 10 of the Seafarers Act

A

Prosecutor

Attorney B

Busan District Court Decision 76No2646 delivered on December 7, 1976

The appeal is dismissed.

The grounds of appeal by the prosecutor of Busan District Prosecutors' Office are examined.

The court below held the defendant not guilty on the ground that the evidence, which corresponds to the facts charged on the premise that the defendant was negligent in the collision of the ship as the captain of the ship of this case, did not believe the facts charged on the ground of the court below's opinion, but did not show that the situation at the time of the accident at the time of the accident at issue does not mean that the captain must direct the ship on deck under Article 10 of the Seafarers Act. However, if the captain is acknowledged to be in danger during the captain's command, report to the captain should be made to the captain under the ordinary work rules. Thus, in this case, the captain is not obligated to separately direct the above purport. Thus, even though the defendant did not specifically give the above instruction to the captain C while ordering the captain on duty as the captain of the ship of this case, the captain cannot be deemed to have neglected the duty of care as the captain, even if the defendant did not direct the ship on the deck immediately before the accident at issue, and it did not appear that the above selection by the court below was a result of the examination of evidence as a result of the evidence.

The appeal can not be adopted because it eventually leads to the misunderstanding of facts that cannot be the grounds for appeal in this case, or it is an attack against the judgment of the court below from a different standpoint.

Therefore, this appeal is without merit and it is so decided as per Disposition by the assent of all participating judges.

Justices Yu Tae-hun (Presiding Justice)