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(영문) 창원지방법원 통영지원 2012.07.26 2012고정203
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 05:30 on October 14, 2010, the Defendant, as the captain of Sacc, was on board C with the victim D, a diving unit at the above port prior to Saccinacc on October 14, 2010, left a diving engine operation. At around 13:10 on the same day, the Defendant served as the captain and assistant crew at the sea around Saccinaccina, and the victim served as a diving unit.

In principle, the captain of a vessel in charge of operation, such as operating a fishing vessel to a fishing place, operating a fishing vessel at a fishing place, determining the quantity of collected fish species, etc., and the captain of a vessel in charge of operation at the departure of the vessel, and three auxiliary crew members and three diving members assisting the safety of diving, by checking various equipment at the operation place and checking whether the diving level is respiratory if diving if diving is carried out, checking whether the diving level is respiratory, and giving a signal by appropriately regulating the length of the diving level depending on the location of diving part and giving a signal.

On the other hand, diving is always likely to cause accidents by gathering fish and shellfish in such a way as to cover high-tension air emitted from the air gas sprayers into the bottom. As such, it is not easy to secure the view due to sand, etc. taken from the floor in the process, and thereby, the oxygen lines, etc. of diving parts connected to the ship are always at all times at risk of an accident by attaching it to the anchor, etc. of the ship.

However, at the time, the victim had been divingd for less than two months with the experience as diving, and the above C did not have a separate assistant seafarer on board and the defendant, the captain, concurrently served as a assistant seafarer. In such a case, the defendant carefully observe the location of the victim who was familiar with diving operation and sent a dangerous signal connected to the victim when the victim moves to the above C's anchor stop, etc. with the risk of the occurrence of the accident as above, to a safe location in the above C's anchor, etc.

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