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(영문) 제주지방법원 2015.05.20 2014고정1138
업무상과실선박파괴
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who is the captain of the Busan Shipping B (39 tons) and is engaged in operating the above ship.

On October 31, 2014, around 14:00 on the 14:00 Jeju-si, the Defendant: (a) determined that construction materials and ships are not preserved due to marine meteorological aggravation; (b) determined that the Defendant’s operation of the tugboat by linking the mooring between the tugboat and the barge (baline and C) with each other; and (c) carried out construction materials and ship preservation due to marine weather aggravation; and (d) led C, the bag line, which is the bag line, to the direction of the New-Sag-gu, the New-Sag-gu, the bag-gu, the bag line, was integrated into B.

A person engaged in the navigation of a ship shall regularly check and inspect navigation equipment such as steering gear prior to navigation on a prior basis, and conduct a final inspection to determine whether all kinds of equipment, instruments, etc. during departure are fully withstanding, and shall take measures to avoid breakdowns. In all visual conditions, there was a duty of care to ensure that a person engaged in the navigation of a ship shall always be placed at all times at an appropriate level in accordance with the visual, hearing, and circumstances during navigation in order to avoid collisions with another vessel.

Nevertheless, during the towing of the above C, the Defendant: (a) neglected to do so; (b) caused the navigational device that enables the Defendant to take charge of the sphere and sphere of B’s hull and the sphere of B’s vessel while towing of the said C; (c) caused the sphere to eliminate the sphere power before the port bed and sphere of the port bed; (d) but (e) was towed by the tugboat; and (e) was eventually unable to fully sphere the sphere of B’s sphere power, and (e) caused the sphere of D(4.5 tons, Jeju New Airport) owned by the fleet, which was anchored at the port of the New-sphere Port where he had the ability to sphere B’s sphere.

Ultimately, the Defendant is guilty of the same negligence.

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