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(영문) 광주지방법원 해남지원 2019.05.30 2019고정28
업무상과실치상등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the lessee and captain of a coastal multi-modal fishing vessel B (7.93 tons, fishing vessel number C) in the front-nam Bosung-gun, and the victim D(49 years of age) is the owner and captain of a coastal complex and coastal fishing vessel E (1.28 tons, fishing vessel number: F) in the front-nam Do.

1. On September 12, 2018, at the rate of 17:30, the Defendant injured by occupational negligence, on board, one foreign seafarer, including the Defendant, at the rate of 17:30, on board the ship, including the Defendant, at which the Defendant was a foreign seafarer. The Defendant loaded and departed from the port of illegal save net fishing gear self-produced for the purpose of carrying out a new save net fishery without permission. On the same day, at around 20:21, the Defendant navigated the sea 260· 5 nautical miles from the high-sea savedo 0.5 nautical miles from the

In such cases, in order to prevent the risk of collision with other vessels, the captain has a duty of care to frequently change the detection distance of navigation equipment, such as the GPS and radars, and thoroughly observe the situation, and to take appropriate measures, such as change, speed, etc., from a sufficient distance, and to prevent the collision.

Nevertheless, the Defendant did not thoroughly observe the front side and the surrounding area by setting up the radar detection distance as a basis, and did not discover E in advance due to the negligence sailing, and caused the collision between the B friendly players and the E friendly players, thereby causing about two weeks of the face facing the inside part of the hull structure and resulting in the victim on board E, which requires treatment for about two weeks.

2. Any person who intends to serve as the captain of a vessel of at least five gross tons shall obtain a marine officer's license from the Minister of Oceans and Fisheries;

Nevertheless, at around 17:30 on September 12, 2018, the Defendant, without obtaining a marine officer’s license, was on board and departing from the Yan-gun Port B, with one seafarer, and operated approximately 26 nautical miles at the 20:21 on the same day from the Yando-gun Yando-si Yando-si Yando-do 0.5 nautical miles at the 20.5 nautical miles.

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