logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.04 2015노2070
업무상과실치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as the fact-finding work of the Defendant is limited to towing the instant vessel to the wharf, there was no violation of the duty of care, such as the instant facts charged.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. We examine the argument of misunderstanding the facts and circumstances that the court below properly mentioned and examined the evidence, i.e., the following circumstances acknowledged by the court below, i.e., (i) the tugboat and its employees are different vessels, and it is difficult to see that the tugboat and its employees have direct command and supervision relations with the captain of the tugboat with the crew of the tugboat separately; (ii) the tugboat are moving to one another without power; and (iii) the tugboat has a duty to cooperate between the captain of the tugboat and the crew, who are the captain of the fleet, and the person responsible for the loading and unloading of the cargo; and (ii) the Defendant was obliged to move the bus to the bus to the bus without the fleet and to take the unloading of the cargo vehicle; and (iv) the Defendant appears to have been aware that it was not connected with the wharf and that there was no specific situation, and (iv) the Defendant did not have been negligent in maintaining the safe situation of the fleet, such as the safe arrival and unloading of the fleet.

arrow