logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2016.08.31 2016고단553
업무상과실치상등
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of the ship B (173 tons) with overall responsibility for the management, operation, repair, etc. of the ship at all times.

From December 7, 2015, from around 09:30 on December 7, 2015, the Defendant started to conduct a melting work to cover ture on the B deck at the wharf of an oil tanker at anchor.

In the vicinity of the above wharf, there is a high possibility of a explosive fire in the event that the flames generated from a melting work, etc. are scattered as an oil tanker dealing with dangerous substances gets at a large anchor, and there is a high risk of an explosive fire. As such, a person who instructs and manages the contact work has a duty of care to check the status of loading of cargo and the generation of oil vapor at a nearby wharf, and to take safety measures such as installing a sprink so as to prevent fire from spreading due to scattering.

Nevertheless, the Defendant instructed the victim C(56 S) to engage in the melting work where flames are to occur, and did not check the loading of cargoes and the generation of oil vapors on the nearby wharfs and did not check the loading of cargoes and the generation status of oil vapors on the port of the same wharf.

D's deck is scattered with oil vapor floating on the deck, so explosive fire has occurred.

Ultimately, the Defendant, by the above occupational negligence, received approximately 6-8 weeks of chronic image, etc. to the victim C who had been engaged in the above decks, and at the same time, destroyed the victim’s environment-owned D, one of which is about 180 million won of repair costs.

Summary of Evidence

The defendant's legal statement E, F, G, H and C are the scene of each police statement report.

arrow