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(영문) 광주지방법원 해남지원 2015.06.11 2015고정23
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is an operator of the aquaculture C (3.71 ton, FRP, Solin Overseas Agency 200 ton, 200 ton) and operates a seed and seedling business place in the name of E in the name of E in the Namdodo-gun D, Jeonnamdo-gun, and the victim F (49 years of age) is an employee of E as a ship.

On September 20, 2014, around 21:50, the Defendant confirmed the flooding of part of the unclaimed vessels due to the rise of water level under Article 8, both of the E, which was landed from the coast of the landing site G in Ydonam-do, by the long-term suspension of navigation.

The Defendant was well aware of C’s structure as the operator of C, and it was difficult at night to secure C’s view at night. At the time, there was a risk of fire in the event of use of a oil vapord in fuel distribution loaded inside a sealed hull, and the Defendant and accompanied the victim were informed of the structure and risk factors of the hull in advance and paid attention to the victim’s duty of care to prevent accidents in advance due to fire, fall, etc. during the victim’s work.

Nevertheless, the Defendant neglected this and had the victim do work to confirm the inundation of the C hull at night without any attention to the victim, and caused the victim to do so, and caused the victim to take part in a dialter with a view to confirming the inundation status inside the port side of the C's port side hull, which was loaded inside the C's port side hull, and the oil vapor, which had been staying inside the sealed hull due to a fuel distribution of a large amount of 30 liters loaded inside the C's port side, is turned out into a dialter, and the oil vapor, which had been staying inside the sealed hull, turn out to the C's fuel pool and the hull, and the fire station of C, caused damage in excess of KRW 1,100,000, and the victim suffered approximately 6-day core images of the face where medical treatment is required due to fire.

Accordingly, the defendant burns the ship owned by the defendant by negligence, and the victim by negligence of duty.

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