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(영문) 제주지방법원 2016.01.05 2015고단320
업무상과실선박전복
Text

Defendant

A Imprisonment without prison labor for one year and six months, Defendant B, and Defendant C shall be punished by imprisonment without prison labor for one year and six months, respectively.

(b).

Reasons

Criminal facts

On the premise, Defendant A is the managing director of Defendant F Co., Ltd., and is responsible for overall management of construction work in various construction sites, such as “G” and “H,” which Defendant F, and the management of various equipment used in the construction work in question. Defendant B is the person employed by F Co., Ltd. as the person in charge of the above H’s site. Defendant C is the captain of the tugboat I (120 tons of Busan shipment, J, hereinafter “I”).

Defendant

During the construction work with the owner of “H” from the Jeju Special Self-Governing Province, the F Co., Ltd. leased and used L(L 868 tons of Busan shipment; hereinafter “L”) which is a string barge (a barge carrying four anchors at the construction site, etc., unlike general barges, mooring at the sea) from K Shipping Company. Upon the completion of the above H, the Defendant A and the Defendant B agreed to transport the necessary construction stones, etc. from L to G construction site, in order to reduce the cost of transport of the cargo at the port of Busan in order to reduce the cost of transport of the cargo.

Criminal facts

Defendant

C is a person engaged in navigation of tugboat I, and Defendant A and Defendant B are a person who leases and uses a barge.

Defendant

C around 05:20 on September 2, 2014, at approximately 3 05:20 South East East-dong Sea (the 33:54:68 seconds in North Korea, and approximately 126:0 06 seconds in east 126:0,000, approximately 750 tons of tin of tin of tin of tin of tin of tin of 100 meters, approximately 800 m (high tin), 0.01-0.03 cubic meters ( approximately 30 cm in n.e., approximately 30 m) and approximately 2,525 tons in mar and approximately 1:30 mar of tin of tin of n.e., n., n., m. of n. n., n. n. n. n. n., m.) connected with G-do and n.m. to G-do.

L does not undergo safety inspections by ship inspection institutions, and it is impossible to measure the neglected water.

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