The case recognizing occupational negligence in relation to a collision of ships that occurred after the discharge to a pilot who was early landed within the forced pilotage area;

[1] Article 20(1) of the Pilotage Act, Article 18(1) [Attachment 5] of the Enforcement Rule of the Pilotage Act

Defendant

Defendant

Busan District Court Decision 2006No880 Decided September 21, 2006

The appeal is dismissed.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below acknowledged the facts as stated in its adopted evidence, and rejected the defendant, who is a pilot as stipulated in Article 2 subparagraph 2 of the Pilotage Act, from the judgment of the court below, because the defendant, who is a forced pilotage area as stipulated in Article 20 (1) [Attachment 5] of the Pilotage Act and Article 18 (1) [Attachment 5] of the Enforcement Rule of the Pilotage Act, is on board the modern Henhohoho Lake (HYD AI HARMN, 13,267 tons, hereinafter “Hahohohohoho”), which was held in the Busan Pilotage area, and has piloted the ship in question, even if he had a duty of care to directly pilot the ship out of the Busan Pilotage area to prevent the danger of collision and to leave the ship out of the Busan Pilotage area and caused a collision between the captain and the non-indicted 1 and the non-indicted 4's early port operation of the ship at issue, as long as the defendant did not know that there was a collision between the captain and the non-indicted 9.

In light of the relevant laws and records, the above measures of the court below are just, and there is no violation of the law of misunderstanding of legal principles as to occupational negligence or violation of the rules of evidence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)