logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.07.11 2013고정2285
업무상과실선박파괴등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the captain of Busan B(45 tons) fleet, who is responsible for the operation and safety management of the ship.

1. On November 26, 2012, the Defendant destroyed a ship by occupational negligence: (a) around 01:00, at the sea of approximately 100 meters south of the manufacturing site of Kson in the construction site of the complex civil-military tourist port located in Seopopo-si, Seopo-si, Seopo-si, and (b) at the sea, four workers who leave the land to land after completing the installation work of Kson and operate it as a land extraction site.

The Defendant, as captain, has a duty of care to assign field workers to check dangerous substances, such as obstacles, etc. in the direction of the ship’s navigation as captain, and to prevent safety accidents by sailing far away from flooded rinks in advance, because it was at night at the time of operating a land recovery site around the sea route, and there is a risk of collision due to flooded rinks around the sea.

Nevertheless, for the purpose of reducing operating hours, the Defendant selected near the place where flooded rinks occurred during the sea, but did not grasp whether there was an obstacle, such as a flooded rinks, etc. on the service route leading to land, and caused seven persons such as the Defendant, etc. (three seafarers, four workmen) to fleeed on the part of the Kson who was flooded during the construction site without any safety measures.

As a result, the Defendant lost utility as a ship through the inflow of sea water such as an engine room, etc., which led to eight strikes in the B reservoir.

2. The Defendant in violation of the Marine Environment Management Act, like the above paragraph (1), is a sea with a total of 611 liters, including B/A (miter-A), transit 460 liters, and lubrication 40 liters in a ship engine, which were loaded in fuel oil tanks due to flooded sea water on the ship due to the sinking of the ship caused by the sofabs in B, and a total of 611 liters, including 500-700 meters in width and 1,800 meters in length, which were loaded in the ship engine.

arrow