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(영문) 창원지방법원 통영지원 2018.01.18 2017고단1238
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On December 8, 2016, from around 09:30 on December 8, 2016, the Defendant, as the head of the diving team belonging to G in the Young-si in Busan Metropolitan City, performed diving operations by leading nine (9), including the victim I and the victim J, for the removal of low-material substances at H at anchor at sea at the Dopo-dong 2.2 Ethmb.

In such a case, the Defendant, as the head of the diving field team, shall stop operation equipment such as a propeller of the vessel subject to diving work as described in the safety list so that diving workers do not walk in the equipment. ② The Defendant, as a head of the diving field team, has to deliver a signal wire line or means of communication to diving workers who are engaged in diving work who send air by air compressers, and shall be able to immediately communicate at the time of emergency by delivering a signal wire line or means of communication; ③ When communicating with air hos without a signal wire line, the Defendant shall manage it so as not to impede the flow of air hos by maintaining an adequate length of force, and ④ in advance, it has to be informed in advance that the characteristics of the sea area in which diving work is performed by multilateral workers, whether equipment is operated, and how to prepare for accidents.

Nevertheless, the Defendant neglected to do so, and (1) the Defendant did not request H to stop the above part-time propeller as described in the safe body stress, even though the removal of foreign substances at the time was conducted one time every 7 minutes and 40 seconds, and did not request H to stop the above part-time propeller, and (2) did not provide the diving workers with communications equipment to contact with the above ship supervisor, other than air conditionings, and (3) caused a situation in which it was impossible to save the lock-out unit in an emergency without properly maintaining the strength of air conditionings, and (4) the locker and the locker.

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