Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

The defendant is the captain of a fishing vessel (transport of catch) B (205 tons and number of persons on board) of the sea net vessel (205 tons and number of persons on board) in Busan Metropolitan City.

On October 3, 2015, at around 11:00, the Defendant departed from 10 seafarers, including the Defendant, from the port southwest-gu, Seo-gu, Busan to the west Sea, and entered the port on October 7, 2015, at around 05:00, the Defendant continued to enter the port of the same line C (127 tons, on the 35-day west-gu, west-gu, Sinsan-si, Sinsan-si, on the 35-day west-do west-do, the west-gu, Sinsan-si, in order to ensure that the crew were engaged in loading about 10 tons of the high-sea fishing vessel captured on the water together with the ice, and the crew were connected to the port side of the said vessel at around 08:40 on the same day to the port of the said vessel at around 00, the Defendant continued to enter the port of the said vessel at around 100 on the port of the said vessel.

In such a case, the Defendant has a duty of care to provide safety education in advance to the seafarers working on deck to wear life jackets and work on deck, or to prevent the seafarers from fall on the sea by navigation on the deck after the crew finished work on deck, inasmuch as B is at least about 34 cm above the on-board rail (or about 60 cm high from deck) on the side of the port side so that seafarers working on deck may fall on the sea.

However, the Defendant was aware of the fact that the crew would not be able to work in the same manner as the usual, without an accident falling on the sea in the event of loading fish in a fish hold along with the ices on the player deck at risk of falling on the sea by the crew. From October 7, 2015, the Defendant instructed the crew to wear life jackets while ordering the crew to load the catch along with the ices on the B players deck from October 7, 2015.