Where the captain has an occupational duty to direct the ship on deck and prevent accidents.

When a ship enters or departs a port, when a ship passes through a narrow waterway, or when there is any other danger, the captain has a duty of care to direct the ship on deck and prevent the accident.

Article 268 of the Criminal Act, Article 10 of the Seafarers Act

A

Prosecutor

Busan District Court Decision 73No1137 delivered on June 29, 1973

The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.

Judgment on the Prosecutor’s Grounds of Appeal

According to the reasoning of the first instance judgment maintained by the court below, the occurrence of the accident was caused by the neglect of the duty to check the ship of C, which is a watchkeeping officer of B, and furthermore, it was found that B did not have any influence on safety navigation at the time of the accident, and that the accident was not a case where B passed through a narrow waterway, and there is no other evidence to acknowledge that there was a danger to the ship at the time of the accident, the defendant, who is the captain, did not have any duty to direct the ship on deck, and thus, he acquitted the defendant.

However, when a ship enters or leaves a port, when a ship passes through a narrow waterway, or when a ship is in danger, the captain shall direct the ship on deck and have an occupational duty to prevent an accident. According to the facts established by the court below, from November 17, 1972 to 00, from November 17:00, 1972, at the time of the accident, to 03:00, the captain has a duty of care to prevent the occurrence of an accident. According to the facts established by the court below, from November 17, 1972, the storm has already been lowered at the time of the accident, to 15 to 20 meters per hour, and the strong wind is high, and the width has been high, and at the time of the accident, around November 22:10, 1972, which was at the time of the accident, it is difficult to see that the former coastal red, national highways and national highways are mainly engaged in work for small-sized fishing vessels at night, and it is not obligated to 10 to 10 p.2.

In such a case, it is clear that the navigation of a ship is more dangerous than when the ship enters or departs from a port or when sailing a narrow waterway, and such dangerous navigation includes the risk of collision with another ship. Thus, in such a case, the captain is obliged to direct the ship on deck and prevent the accident from occurring on the deck of the ship. However, the judgment of the court of first instance maintained by the court below is erroneous in the misapprehension of legal principles as to the captain's duty of occupational care, and thus, the judgment of first instance is not sufficient to avoid reversal.

Therefore, the original judgment is reversed, and the case is remanded to Busan District Court Panel Division. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Byung-ho (Presiding Justice)