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(영문) 광주지방법원 목포지원 2014.04.24 2013고단1814
업무상과실치상
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of a river-net fishing vessel B (69 tons) with the loading of a ship at the time of Mapopopo.

On July 23, 2013, at around 17:00, the Defendant, along with eight crew members other than the Defendant, on the sea of the 9-day Northwestdo, on the sea of the 9-day Northwestdo, was on board the said B, and was engaged in the work of spreading the safe net fishing gear to the sea.

The order of the two networks of the AngG net fishing gear was the sea side, brace lines (e.g., anchor lines, wire-fishing and fiber lines), brugs carrying the catch, and the brub anchoring net for the purpose of fixing the catch, immediately before the port side of the above B, the defendant was operating the brub in the steering house, and seven crew members except the victim C (ma, 59 years old) among eight crew members were in front of the brub on the port side of the above B, and the victim, alone, was carrying the brub on the deck side of the above B, and the victim, alone, was carrying the brub in front of the 18 meters away from the roller on the starboard side of the above B.

The victim did not have been fluored in the process of making the knife and roller in about about 160 cm and about 60 km of body weight, and the process of using the roller is so dangerous that most of the safety accidents in the ship can take place. At that time, because the knife was turned out, there was little strength in the knife and there was no need to use the knife in the process of leaving the knife on deck because the knife was turned out.

In such cases, the defendant, who is responsible for the safety management of the ship and the direction and supervision of the crew, has been obliged to conduct safety education after checking the condition of wearing protective equipment, such as safety caps, before commencing work for the safety of the crew, and after commencing work, there was a duty of care to frequently check whether there is danger factors in the work

Nevertheless, the defendant neglected this and before initiating the double net work, is wearing protective equipment of the crew.

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