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(영문) 대전고등법원 2015.07.23 2014누524
중앙해양안전심판원재결취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. The occurrence of the instant accident and the details of adjudication;

A. On June 11, 2012, around 16:31, cargo ships C (C; hereinafter “instant vessels”) abutting on the third line of the luminous raw material wharf No. 3 at the time of leisure water had an accident (hereinafter “instant accident”) that contacted the central part of the tin of the above raw material wharf 3.

At that time, the Plaintiff, a first-class pilot, was on board the instant vessel as a leading pilot, and as the captain, D was on board the vessel.

B. In relation to the instant accident on August 29, 2014, the Korean Maritime Safety Tribunal rendered a ruling to the effect that “The Maritime Safety Tribunal shall not be obliged to direct the vessel’s operation while approaching C’s approach to mooring at the seat No. 3 of the Magyang Port 3. The vessel’s operation of the vessel is inappropriate. The Plaintiff’s first-class pilot’s operation of the vessel involved in the marine accident shall be suspended for three months.

(hereinafter “instant adjudication”). [Grounds for recognition] entry of No. 1 No. 1 and the purport of the entire pleadings

2. Whether the ruling of this case is lawful

A. At the time of the Plaintiff’s assertion, the Plaintiff took the best steps to fit the situation by appropriately using the tugboat, taking into account the leisure time limit for the raw material parts of the Mineyang Port, etc., and there was no negligence on the Plaintiff with respect to the instant accident.

Rather, the instant accident is attributable to the fact that the captain D provided the Plaintiff with false information regarding the distance from the draft water of the instant vessel to the point of the depth of the vessel; the Intervenor’s Intervenor’s Intervenor’s Intervenor’s Posco Construction Co., Ltd. (hereinafter “ Intervenor’s Posco Construction”) did not properly resist the dredging vessel, etc. as the contractor for an increased dredging work so that it does not interfere with the operation of the instant vessel; and the Intervenor’s Intervenor’s Intervenor’s Posco Co., Ltd. (hereinafter “ Intervenor Posco”) did not place the loading engine at a safe place in the luminous raw material section as the terminal operator and the implementer of the increased dredging work.

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