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

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

Punishment of the crime

The defendant is the captain of the coastal sea ship B (129 tons) in Busan, who is in charge of the safety operation of the ship, safety management of seafarers, etc. under the command and supervision of the crew.

On December 18, 2017, at around 18:50, the Defendant 25 seafarers, including victims C (30 years of age and Indonesia nationality) in the maritime deck 16 nautical miles from Jeju Island, and came to be engaged in the fluoring of the sea nets, using the braces and interlicker located on decks.

At the time, B fishing vessels, which have a large volume of catch so that they can not dive the water by using the 3,4 o-nets located on the upper deck. In such a case, there is a risk of accidents, such as those in which a server who operates the o-nets immediately adjacent to the 3,4 o-nets and in the process of operating the o-nets, and which are being pushed down between the body part of the crew and the o-nets structure, the Defendant has to sufficiently place the number of crew members, provide thorough safety education prior to the work, and in particular, the Defendant has to place a person in charge of safety management to direct the crew who operates the o-nets, or check the status of the crew directly, and take safety measures at the time of the accident, or stop the o-nets immediately so as not to cause any accidents.

Nevertheless, the Defendant, as a result of a large volume of catch, did not take such safety measures as above while using a slider with seafarers on the on-site deck near the place of accident. By negligence, the Defendant, at around 20:40 on the same day, operated a racker between the two networks located on the deck and the four two network seasons located on B at approximately 16 nautical miles (North Korean 33.09 minutes, East 125.53 minutes) at around 20:40 on the same day.