1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Occurrence of marine accidents and details of adjudication;

A. A petroleum product transport vessel C (50.59m in length, 9.15m in width, 4.4m in depth, 336m in weight) and a fishing vessel D (13.3m in length, 3.7m in width, 1.0m in depth, 9.7m in weight, 9.7m in weight) occurred on December 3, 2017, around 06:02:39 on December 3, 2017 (hereinafter “instant accident”).

The plaintiff is the captain of C.

B. On January 7, 2020, the Korean Maritime Safety Tribunal rendered a ruling on the instant accident, including: (a) the date when the written ruling was made and enforced on December 30, 2019; or (b) the date when the Plaintiff came into force on January 7, 2020; and (c) the date when the overtaking Shipbuilding neglected the boundary of the overtaking Shipbuilding, which was under way, due to his neglect to find and avoid the collision; (b) however, the instant accident was determined to have been partially caused by the judgment that D’s failure to take cooperative action to avoid collision by neglecting the boundaries while entering the Yeongung Capital and neglecting the boundaries (c70%, D30%, and D30%); and (d) the Plaintiff’s revocation of the license of the 5th mate and the 6th mate.

(Central Maritime Court B and hereinafter the above decision on disciplinary action against the plaintiff is referred to as "the ruling of this case"). 【No dispute exists, Gap evidence No. 2, and the purport of the whole pleadings.

2. Whether the ruling of this case is lawful

A. The Plaintiff’s assertion 1) As at the time of the instant accident, it cannot be deemed that C and D had access to adequate time and time, the overtaking method stipulated in Article 71 of the Maritime Safety Act cannot be applied. Nevertheless, the instant judgment was unlawful since it judged that the Plaintiff was grossly negligent in applying the overtaking method. 2) Even if the Plaintiff’s gross negligence, the instant judgment is unlawful in view of the Plaintiff’s difficulty in living due to criminal punishment or revocation of license due to the instant accident, given that the instant judgment was unlawful, taking into account the Plaintiff’s difficulty in living

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The fact of recognition 1 is adjacent to the place of the instant accident.