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(영문) 부산지방법원 2016.04.21 2016고정876
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the person in charge of the overall operation of the fleet as a fishing place at the Busan Port Co., Ltd. (Fishing line D, light E, F, transporter G, H, and I) owned by B (State). The Defendant is the person in charge of the navigation of each vessel and the person in charge of the safety management of crew of the vessel. J is the person in charge of the navigation of each vessel and the person in charge of the safety management of crew of the vessel.

D (127 tons) on board of the Defendant, 25 persons, including the captain L, on board the Defendant, on board the ship at around 15:21 on August 20, 15, and “E (88 tons) on board the ship at around 13:45 on the same day, 8 persons, including the Defendant, on board the ship, including the Defendant, on board the ship at around 13:45 on the same day, and G (205 tons) on board the ship at around 14:20 on the same day.

Afterwards, D and E engaged in high-sea fishing at the sea near Y6:30 of the 22th day of the same month, D and C transferred 300 boxes of high-sea 193-4 near Yasando from G to G, in comparison with G, and transferred 300 boxes of high-sea 193-4, which were captured in D, around the same day, at around 06:50 of the same day, G start navigation to the wharf of Seo-gu Busan, Seo-gu, Busan, where around 06:50 of the same day, G, and the Defendant used J to use HFless electricity, whether there is “fuel oil and blue water” in E.

The J asked “I do not have fuel oil and cooling water,” and the Defendant had the mind to supply E fuel oil and hot water from G.

In such cases, when the ship supplies fuel oil and potable water to the ship on the voyage, there is a risk of safety accidents, such as mooring the ship at the time of supplying fuel oil and potable water. Thus, there is a duty of care to prevent safety accidents by stopping E, which is a transporter (supply line), G department, etc. (supply line) in the safe mooring of both ships, and by safely mooring the two vessels, connecting transport strings, and supplying fuel and hot water, and then supplying the transport strings, and to prevent safety accidents.

Nevertheless, the defendant and J and K will promptly transport the 300 boxes loaded with G to the port wharf in Seo-gu, Seo-gu, Busan.

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