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(영문) 창원지방법원 통영지원 2019.06.26 2019고단167
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 vessel B (29 tons) of the catch-transported vessel B (29 tons) of the sea-fishing vessel at the time of transfer.

At around 10:30 on August 31, 2018, the Defendant directed the crew, such as the victim D (ma, 69 years of age), etc., to have approximately 60 fireworks boxes on the deck of the above fishing vessel taken off at the steering house of the above vessel mooring at the landing place of the auction house at the front port of the front port of North Korea.

In such cases, the defendant has a duty of care to prevent accidents that may occur in the course of the work by making the crew in charge of the double net roller work know the danger of the work, to instruct them to maintain the safety distance during the work, and to thoroughly conduct safety management education, such as monitoring or preventing assistive personnel who can monitor or prevent the safety of the worker in the process of the work or accident, and to immediately manipulate the location of the immediately blocking so that the operation can be suspended in the event of an emergency.

Nevertheless, at around 10:59 on the same day, the Defendant instructed the victim to do so, while allowing the victim to do so, without providing the victim with safety training, and allowing the victim to do so. At around 10:59, the Defendant did not carefully look at the situation of the victim’s work. The Defendant did not know of the breakdown of power blocking location in the steering house, but did not repair in advance, and did not operate promptly at the time of the accident. While the victim did work at the steering tower in order to put the flame box in the steering room into the deck, the victim’s body was at the right right edge of the victim, and the victim’s body was 10 minutes, such as the roller, and the victim’s body met with the head on deck.

The Defendant’s occupational negligence above is the victim.

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