logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2015.11.04 2015고단190
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of C (16 tons, fishing ground management vessels, and Gyeongjin-gun, Gyeongjin-gun) who is the general manager for vessel operation, such as operation and safety management of the relevant vessel.

On June 20, 2015, at around 04:50, the Defendant, along with seven crew members of the victim D (year 72) who is a seafarer, on board the said vessel at a private port located in the Ggjin-gun, Ulsan-gun, Ulsan-do, and entered the port to work for a political network of approximately 0.8 E at the sea of the same port. On the same day, at around 05:00, the Defendant arrived at the above political network fishing ground, and the victim fixed the fishing ground in order to work for a fishing network of the fishing ground, up to approximately 8:9 meters from the deck of the said vessel. On the same day, at around 06:40 on the same day, the victim set the fishing ground to the nick-gun, as above, in order to return to the port after the completion of the steel network work, and the Defendant started operating the vessel.

In such a case, the Defendant, who exercises overall control over the operation and safety of a ship, has a duty of care to prevent accidents in advance by starting the ship, after checking that the fixed line on deck was completely delivered to the sea before the ship was loaded out of the sea, when the fixed line was towed to the sea in which the ship was originally occupied by the sea, and that the fixed line was reduced to the body of the seafarers in the vicinity, or the above fixed line was faced to the body of the seafarers, and that there was a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, and ordered the victim to foster “Matdole” from the steering house of a ship as “mat,” and does not confirm whether the fixed line of the fishing ground, which was laid on the deck of the ship, was completely unloaded out of the ship, thereby releasing the fixed line of the fishing ground as above.

arrow