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(영문) 인천지방법원 2020.09.18 2020고정903
업무상과실치상
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the captain of the Incheon Jung-gu Loading Fishing Vessels B (69 tons, inshore nets, main vessels) and affiliated vessels C (9.16 tons) and D (9.16 tons).

On August 16, 2019, around 12:34, the Defendant, including the damaged crew E (E, Vietnam, 31 years old) to the above fishing vessel for the purpose of fishing at the coast wharf of Jung-gu Incheon, Jung-gu, Incheon, including the total number of crew members and the number of affiliated ships C and D, leaving the port for example of seven crew members and the number of affiliated ships C and D, and had an anchor net fishing gear to the sea near the Seogjin-gun, Incheon, the Defendant went to the sea near the Seogjin-gun, Incheon, and carried out fishing.

On the 30th day of the same month in operation, at approximately 7 nautical miles (37-06-20N, 125-47-14E) from the scamb in the Scambane-gun, Magjin-gun, Magjin-gun, the Bag-gun, using the scamb network equipment, put the anchor-person net fishing gear on the surface of the water, cut the anchor-person net fishing gear on the top of the anchor-person net at approximately 7 nautical miles (17-06-20 N, 125-47-14E) and collect the scam from the water and continuously take the anchor-person net fishing gear, which was put under the bottom of the fishing gear to the total seven persons, including the damaged seafarers.

In such cases, the captain responsible for the safety of fishing vessels and seafarers has a duty of care to prevent accidents that may occur in preparation for accidents that may occur while the crew on board the attached vessels are able to control work in preparation for accidents that may occur in the course of leaving the anchor net gear or collecting fishing gear from the fishing gear, or directly boarding the attached vessels and supervise the operation site.

Nevertheless, the Defendant is located in the steering house of the instant vessel even though the auxiliary vessel C was 100 meters away from the instant vessel while operating the vessel, and without specific direction and control, the Defendant is placed in the steering house of the instant vessel and the crew of the auxiliary vessel C arbitrarily engaged in the work of the auxiliary vessel C, and the Victim E is placed in the instant deck of the C player.

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