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(영문) 부산지방법원 2014.01.06 2013고정5324
업무상과실선박매몰등
Text

Defendants shall be punished by a fine of five million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A, a corporation owned by B, as the captain of Busan City P(147t), is responsible for the safety management of ships and crew, and Defendant B is a corporation with the purpose of maritime cargo transport business.

1. Defendant A, at around 12:00 on February 2, 2013, sent three crew on board from the Incheon small-scale map to C, towing a barge D (819t) with the age of at least 50 years old, wherein Defendant A boarded three crew on board at the Incheon small-scale map, left the port for repair and dismantling work of D, and the same month.

5.05:30 Manam-do 0.5 nautical miles from the 0.5 nautical miles of Jindo-gun, Jindo-do.

In such a case, the defendant, as the captain of the tugboat, was worn out of the fleet for more than 50 years, and considerably worn out, so D is able to withstanding navigation for a long time more than 3 days from Incheon to Busan, is required to inspect whether D has been equipped with equipment, personnel, food, fuel, etc. suitable for navigation from Incheon to Busan. Since D has been worn out, sufficient safety education shall be provided to D seafarers before departure, and communication communication system has been established to make D seafarers communicate at any time in preparation for emergencies that may occur during navigation. In particular, when D has flood accidents occur during navigation, the defendant directly goes aboard D and prevents him from inflowing any sea water by using flood control equipment, etc. after checking the flood level, and completely removing the sea water flowing into D ship using the drain pumps, and after examining D's ship, and carefully ascertain whether additional water leakage, additional water disclosure, etc., and prevent the accident from spreading.

Nevertheless, the Defendant did not conduct a safety inspection in detail after determining that the barge D hull was well away from the outside before departure from Incheon to the inside without appearance, and that there is no anything to do so, and D seafarers did not conduct the safety inspection.

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