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(영문) 제주지방법원 2019.02.14 2018고합51
업무상과실치사등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 30 million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the captain of a sea-going fishing vessel C(40 tons) towing the south repair vessel, and the Defendant B is the owner of the above vessel and employs A as the captain.

1. Defendant A

A. On December 28, 2017, the Defendant: (a) around 05:36, the Jeju Special Self-Governing Province Jeju Special Self-Governing Province Jeju Special Self-Governing Province (hereinafter “Seoul Special Self-Governing Province”), was working on seven seafarers on board the said vessel; and (b) was working on the outside of the Jeju Special Self-Governing Province zone where the operation of a low-income fishing vessel is prohibited; (c) around December 31, 2017, the Defendant was willing to have all of the vessel location transmitter (V-PAS) intentionally destroyed all of the vessel and invaded the outer anti-fishing vessel operation prohibition zone.

Accordingly, the Defendant, even though the weather conditions are not good than normal 12:00 on the same day (the strong wind 16m/s strong northwest wind and about 2:4m high wave), laid off all of the vessel location transmitters on the same day, and the drilling her course over about 12 nautical miles southwest (3.50 minutes north latitude, 126.0 minutes east 126.07 minutes east), opened a vessel’s vessel’s operation prohibition zone, and opened a vessel’s towing, without permission on one mold (the fishing gear in which its water flows on both sides), and opened a vessel’s operation obstruction zone on the same day by 15:30 on the same day, and opened a vessel’s operation suspension zone on the same day, or 16:20 degrees 10.36 degrees east east east 16:36 degrees east east east east east east east east east east east east.

The defendant, who is the captain responsible for the safety, etc. of seafarers, is well aware of weather during operation.

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