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(영문) 춘천지방법원 속초지원 2017.11.22 2017고단148
업무상과실치사
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of the deep-sea fishing vessel C (72 tons) of the deep-sea fishing vessel in the sea of the Gyeongjin-gun, the defendant is a person responsible for the operation of the fishing vessel and the safety management of the crew.

On October 14, 2016, around 03:00, the Defendant 12 crew members, such as the victim D (35 years of age, Indonesia) at the port of Mari-ri-ri, Mari-ri-ri, Mari-ri, Mari-ri-ri, Mari-ri, Mari-ri, and Mari-ri, Mari-ri, Mari-ri (36-06.90 N, 131-19.70 E) were to perform the Mari-riri-ri-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri, Mari-ri

As above, there is a risk that seafarers might fall in the course of sailing through the operation, such as the body and clothes of the crew, etc., so the captain is obliged to educate the crew prior to the operation so that they may not wear their body, such as the reduction of their tag, etc., and at the time of the operation, there was a duty of care to ensure that seafarers do not have safety accidents, such as ordering the crew to wear their life jackets in preparation for accidents.

Nevertheless, the Defendant neglected this and did not provide sufficient safety education to seafarers prior to work, and the Defendant, due to the negligence of neglecting safety management for seafarers, such as the victim and seafarers, who did not wear a life jackets at around 01:45, Oct. 20, 2016, caused the victim, who failed to wear a life jackets, to go through the pipe while he was engaged in the maintenance of pipes at the port line, thereby falling on the pipe, and the victim’s right bridge fell at the above pipe and went on the sea and went missing.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to E, F and G;

1. Each statement of H, I, J, K, L, M, N, andO;

1. Each situation report, and inquiry of the crew on board.

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