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Reasons
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(영문) 광주지방법원 순천지원 2019.09.18 2019고정108
업무상과실치사
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the captain of the fleet B (80 tons) in Busan City, who directs and supervises seafarers, and supervises the safe operation of ships and the safety management of seafarers.

At around 11:00 on November 26, 2018, the Defendant: (a) boarded two seafarers, including the victim E (the 61-year-old age) from the Dunyang-si C, and went away from the wharf of the barge F, with two hull block units loaded from the wharf of the wharf, and had the Defendant towed the ship to the Don-si G.

In the event of towing operations, the lines were cut off in the course of towing operations, and the risk of accidents, such as facing the body of the seafarers due to their shot action, etc., the defendant in charge of the safety management of seafarers, as the defendant, was in charge of the safety management of seafarers, after confirming whether the pre-work line was worn out and replacing it, and the victim, who was in charge of the pre-service connecting the towing line to the tugboat B, was in charge of the pre-service duty of care to prevent accidents.

Nevertheless, on November 8, 2018, the Defendant did not immediately replace the Defendant, but did not verify whether the victim evacuated to the ship after completing towing connection work, and caused the death of the victim in the first deck of the entrance entrance of the engine room of the B, and caused the death of the victim in the first deck in the first deck of the entrance of the engine room of B, as the towing power was cut without dPM 200 while the Defendant was engaged in towing the engine engine in order to tow the barge F.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each written statement of K and L;

1. Protocol of inspection;

1. The death certificate of the deceased and the deceased.

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