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(영문) 대전지방법원 홍성지원 2015.12.23 2015고단737
업무상과실치상
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of the coastal river network B (29 tons) vessel, who is engaged in supervising his/her seafarers to work safely.

On May 15, 2015, the Defendant, at around 06:45, installed 7 anchors equivalent to approximately 900 km in the steering unit of a fishing vessel in order for the purpose of operating on the sea at the 17-day, king, etc. located in the upper part of the former Northwest-gun, the Defendant: (a) connected the anchor installed with a length of 65 meters (100m in length) in diameter; (b) arranged the anchor along the sea along the anchor, which is connected with the anchor, to the stem side of the network; (c) ordered the crew to operate the anchor installed in the fore part of the fore part of the last line, and (d) instructed the crew to leave the anchor installed in the fore part of the horse at around 06:50 on the same day; and (d) ordered the victim C (C, 25 years old and the crew members of the vessel to operate the anchor at around 06:50 on the same day.

In such cases, the defendant, the general manager of the above fishing vessel's safety management, etc., flows to the sea rapidly connected to anchor due to the weight of anchor when anchoring operations are carried into the sea, so there may be an accident that seafarers fall down on the sea or face with the structure of fishing vessels, etc. due to the collision with anchoring. Therefore, seafarers shall provide sufficient safety education to seafarers in advance, confirm that there is no seafarer in the log, and supervise seafarers during anchoring operations so that seafarers may not have access to the log while at anchoring operations.

Nevertheless, the defendant did not provide sufficient safety education to seafarers, such as victims, etc., and did not find out that the victim, who supported the crew's work at the players' deck when the third anchoring the anchor on the sea, was in line with the anchor, and did not work as it is.

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