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Defendant shall be punished by imprisonment without prison labor for ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the captain of Busan coastal fishing vessel B (129 tons).
On August 4, 2018, at approximately 13-37N, 126-07E at the sea (33-37N, 126-07E), the Defendant: (a) instructed the seafarers on the deck of the said fishing vessel to take a net work; and (b) the Victim C (51) and D (58) used the three quantitative registration installed on the middle left deck of the said fishing vessel to cut the infant lines connected to the water into the deck of the vessel.
In such cases, since there is a high risk that an accident may occur in the course of massing using a mechanical device that is in force, the defendant, as the captain, has a duty of care to inform seafarers of the risk of the accident, to thoroughly conduct safety management education, such as maintaining safety distance during the work, etc., and to have assistive human resources who can monitor or prevent the danger of the work process or accident, to examine the safety of the work operator, to immediately operate the clicker of the two registrations and to prevent accidents that may occur in the course of the work in advance.
Nevertheless, even though the defendant neglected to give the above work instructions to the victims and used the cryp to reduce the infant rope by using the cryp registration during the meeting of the victims, the defendant is in the process of the work without checking the safety status of the seafarers in the steering house where the operation of the cryp pumps is installed, which is capable of suspending the operation of the cryp registration in the event of an emergency, and without providing assist personnel to suspend the operation of the cryperer in the event of an emergency, and without providing assistive personnel to operate the cryper in the event of an emergency, the victims shall wear the cryp while the cryp is automatically transferred to the victims, and then two seafarers shall jointly take part in the work.