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(영문) 인천지방법원 2018.04.18 2016가단246861
위자료
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from November 11, 2016 to April 18, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On August 18, 2016, the deceased C (hereinafter “the deceased”) was the crew of the vessel for the coastal improvement and mouth d (9.77 tons) (hereinafter “the instant fishing vessel”) owned by the Defendant, and was on board the said vessel along with the captain E, crewF, and G on the arrival of the vessel located in the Sogyeong-gu Incheon Spojin-gun, Incheon, Spoon-do.

B. Around 07:55 on the same day, crew members of the instant fishing vessel reached the sea of approximately 2 miles (N 37°35°489 N 125°490 N 125°490 N 200 N 2) along the south of the small latitude (hereinafter “instant accident”) and had been engaged in replacing the anchor of the coastal improvement shore fishing gear previously projected, there was an accident (hereinafter “instant accident”).

The Deceased died at around 08:40 on the same day, such as low blood shock.

C. The instant accident was prosecuted by the captain E under the charge of occupational injury, death, etc. by occupational negligence in this court.

On October 26, 2017, the court of first instance: “E, who is a safety control manager, has the deceased thoroughly conduct safety education before the operation of anchor lines between the two nets; and ordered E to suspend the execution of imprisonment without prison labor for eight months and two years in suspension of the execution, with due care to negligence, such as neglecting the duty of care to prevent the occurrence of accidents due to the direct operation of the power source location installed in the steering house before the occurrence of doubtful situations, such as the occurrence of an accident, etc. in the course of the mass net work, and failing to take measures, such as failing to confirm the situation of the victim’s work, etc., while recognizing the criminal facts that “E, who is a safety control manager, has caused the victim’s right retail to the part of the body in the steering house.”

The prosecutor appealed against this judgment and is currently pending in the appeal court.

The plaintiff is the only heir as the deceased's spouse.

[Reasons for Recognition] A.

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