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(영문) 대전지방법원 홍성지원 2016.10.25 2016고단568
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner or captain of the above vessel who engages in fishing activities using C (72 tons, fishing vessel numbers: D) (i.e., neighboring coast-based fishing vessels in west-gun, west-gun from July 2015 to May 2016).

On May 7, 2016, the Defendant operated the above vessel at around 09:10, and arrived at sea approximately 20 nautical miles (35-3.19N, 125-43.219E) southwest-westly, and had the victim E (the aged 25, E) of the above vessel walk-out of the said vessel while walking the water at sea, the Defendant let the victim E (the aged 25, E) fastened the water by a vessel under the following knife the water from the screen.

At a far away from the land, the sea depths. In such a case, the Defendant, the captain of the above vessel, was obliged to verify whether the victim obtained the license related to diving, provide the victim with adequate diving equipment, such as diving clothes and originals, after educating the victim at the time of diving work, and have the victim have been equipped with adequate diving equipment, such as diving and originals, and have the victim operate an air compressed machine in line with the provisions so that the victim can be supplied with smooth air during diving work so that the victim does not stick or unleash the air, while assigning safety personnel, etc.

Nevertheless, the Defendant neglected the above duty of care and, at around 09:30 on the same day, had the victim without the qualification certificate related to diving wear diving equipment, such as diving clothes and duckss, locked below the above vessel and cut down the water. The Defendant had the victim supply the air using an industrial air compression apparatus, not a diving air compression apparatus, and had the victim carry out diving work without assigning safety personnel. The air conditionings connected between the air compression apparatus and the victim, which were connected with the victim, are installed in the compressed air.

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