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(영문) 광주지방법원 목포지원 2019.10.29 2019고단414
업무상과실치사등
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. The defendant is a person engaged in the duties such as management of seafarers in the absence of the master as deck of B (9.77 tons, Incheon anchorer fishing vessel).

At around 16:00 on November 9, 2018, the Defendant was instructed to manage the seafarers and seafarers from the captain D, and the captain D.

After the above D left the ship, while the Defendant was moving the ship to the sea in C port without reporting or receiving instructions from the above captain to move the other ships mooring at the port at the above time and place, there was a marine accident where the pents of the pents installed at the sea around the port anchorage, and the victim E (the crew) who is the crew of B was divingd to move the ship to move the ship.

In such a case, locking investigation should be carried out as “two-person 1” in a state where a specialized diving investigation is ordinarily equipped with diving-only equipment to prevent safety accidents due to high risk, so that the locking investigation should normally be carried out as “two-person 1” in a state where a locking investigation is carried out in order to prevent safety accidents. As such, the deck commander in charge of ship management has to report to the captain or the owner of the deck so that it is recommended to carry out work through a diving investigation equipped with specialized equipment and technology, or have two-person 1 by mobilization of human resources for other divingds of the power line, and if it is inevitable to carry out a “one-person diving work” on his own, it has a duty of care to ensure the safety of diving investigation, such as mutually communicating with the crew of the deck, and setting the signal cycle thereof, and to prevent safety accidents in advance by examining in detail all circumstances related to underwater work.

Nevertheless, the defendant neglected this and caused a marine accident to the captain or the owner of a ship.

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