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(영문) 부산지방법원 2017.09.25 2017고단2136
업무상과실치사
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of Young-do fishing vessel C (ship registration number: D, 79.83 tons) with low-net fishing vessels in Seocho-gu, Seo-gu, Seo-gu, Busan.

On November 27, 2016, the Defendant, around 05:00, on the 29 nautical miles (29°43 minutes in north-do, 35°07 minutes in north-do, and 129°43 minutes in north-do, Busan-do, Busan-do, Busan-do, the captain, along with seven crew members, boarded the said C with his low net fishing gear into the sea, and was engaged in the work of spreading it.

In the course of the mass network work, the Defendant did not collect malvous mar on the low-water network fishing gear, which is not able to do so. The Defendant directed the seafarers on board the deck, including the victim E (in South, 59 years old), to recover the low-water network fishing gear that can be able to remove the malvous mar by making the malvous marging net fishing gear up to the malknife with the malknife with the malknife with the knife with the knife with the knife with the knife with the knife.

Accordingly, the seafarers were fixed to the aft by combining the new parts on the aft, and the victim and the head of the agency in question tried to collect the flicked part of the flick-in fishing gear, such as newly connecting the flick-in to the flick-in fishing gear, if the flick-in falls from the flick-in fishing gear near the flick-in deck.

At the time, in order for the injured to take tangll with tangl with the low net fishing gear, there was a new connection with the parts.

C. Since railrails, etc. around the port deck do not have to be installed, in such a case, the Defendant, who is responsible for the safety management of the vessel 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 jackets and life jackets, before commencing work for the safety of the crew, and has a duty of care to check whether dangerous factors exist in the course of work and prevent accidents from occurring after commencing work.

Nevertheless, the defendant is negligent in doing so.

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