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(영문) 부산지방법원 2016.10.21 2016고정3022
업무상과실치사등
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is engaged in the fishery as the C fishing village fraternity member located in Gangseo-gu Busan Metropolitan City, and as the owner and captain of a non-registered fishing vessel (class 3t), the name of which is unknown, and the E (C port shipment 2.15t, Do-type fishing vessel), the village fishing village fraternity of Gangseo-gu, the village fishing village fraternity of Gangseo-gu, the village fishing ground fish farming

1. On December 12, 2015, at around 09:00, the Defendant entered the port without registration (class 3t) in Gangseo-gu Busan, Busan, with a seafarer F and the victim G (class 45 years of age). At around 12:30 of the same day, the Defendant entered the port of Busan, with an unregistered port fishing vessel (class 3t) at the port of Gangseo-gu, Busan, and had the F and the victim G (class 45 years of age) engage in the sea-west fishing.

At the time, there was a situation where the length wave of about 2 meters is pushed down in the outer sea, and the speed reduction is long left and left down, and thus, the captain was responsible for the safety management of the crew. Thus, the defendant, who was responsible for the safety management of the crew, has a duty of care to provide sufficient safety education to the crew in advance, to observe the speed and weather of the steering network, etc., and to ensure the safety of the hull and the crew by carefully ascertaining the external force, etc. that is carried out on the hull, various equipment, anchor line, etc., while ensuring the safety of the crew and the crew, depending on the location of the work to be carried out by the anchor line, etc., depending on the degree of the project to be carried on the anchor line, the crew is at the risk of fall on the sea, and thus, at all times, there was a duty of care to immediately rescue the crew when giving due attention or in the event of an accident.

Nevertheless, the Defendant did not provide the victim with safety education in advance, and did so at the same time, on the premise that the victim, who was engaged in screening of fish from deck, did not stop screening of fish and move to the stern direction, which is a dangerous area automatically operating the speed reduction. However, the Defendant does not necessarily see the victim and takes care.

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