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

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

Punishment of the crime

The defendant is the captain of the 23 tons of Gangnam-gu's cargo B (23 tons, political net fishing vessels) and is in charge of the safety of the ship.

On September 16, 2018, around 07:55, the Defendant: (a) on September 16, 2018, instructed the victim, etc. to walk up the log (or a fishing gear called a "fence") of a political network fishing ground located in the area to replace five crew members of Vietnam, including the victim C (C and 25 years of age), who are on board the said fishing vessel from the port of order, and move approximately 1.9 nautical miles in the north-dong bank from the port of order; and (b) instructed the victim, etc. to take up the log in the two-way equipment installed in the ship.

In such a case, the defendant in charge of the safety of the ship, such as the prevention of accidents, etc. of crew members, has a duty of care to provide safety education to all the crew members in charge of the safety of the ship, who are in charge of the safety of the ship, such as the prevention of accidents, to ensure that the safety distance from the mass gear is maintained so that all the crew members may not wear in the mass gear, and to check whether the crew members maintain the safety distance from the mass gear from time to time. In addition, there was a duty of care to place two or more crew members in order to immediately stop the mass gear so that the accident that may occur during the time of emergency can prevent the use of the mass gear.

Nevertheless, the Defendant neglected this and did not provide the above safety education to the seafarers, including the victim, and did not take any measures to report the victim who was working without maintaining the safety distance with the two-way, and did so without any assistive personnel to operate the two-way system. On the same day, at around 12:15, the Defendant was negligent in allowing the victim, who was working in the center of the deck of the above fishing vessel, to take the feet by using the two-way system.