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(영문) 광주지방법원 순천지원 2012.12.27 2012고단266
업무상과실치상등
Text

Defendant

A shall be punished by a fine of three million won.

Defendant

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

Reasons

Punishment of the crime

1. Basic facts Defendant A, from July 2009 to September 6, 201, is a person who was engaged in the duty of the operation of a valve operation agreement installed on a ship, when he/she takes charge of the boiler and electricity of the vessel to the second class engineer of H (passenger and Kafri, 4,166 tons) owner G Co., Ltd. (passenger and Kafri, 4,166 tons) who was located in Busan and Jeju from July 200 to September 6, 201.

H around 19:00 on September 5, 201, around 19:1, 200, 104 passengers, including 26 crew members of I et al., the master, and 104 passengers J, et al., at the Busan metropolitan passenger terminal located in the middle-gu Busan, Busan, and L 4.5 tons truck (hereinafter “instant active passenger vehicle”) owned by K Co., Ltd., including 42 freight vehicles, 43 passengers M, including passenger passenger passenger passenger cars, N, and 124 tons of general cargo, including passenger passenger cars, fertilizers, feed, etc., and depart from the Jeju port.

H At the time of departure from the port, the instant liveer loaded on the port edge of the cargo hold (MAINDECK) of the vessel was operating an oxygen supply device that requires all of the straight lines (D.C.) in order to maintain the safety of the liveer loaded and prevent the death of the vehicle, and its power source was supplied through the exhaustter (D.C. 24V), which is its own source of the vehicle, and thus, the vehicle was working the starting operation of the vehicle for this purpose.

2. Defendant A’s injury caused by occupational negligence and occupational negligence is the watchkeeping officer of H’s engine from around 00:00 on September 6, 201 to around 04:00.

H Operation of a sprinkler during work on duty is conducted by an engineer on duty who works on duty at the nearest place of a vessel's sprinkler, and when the Defendant received contact from the officer on duty of the pilot on duty that a fire occurred inside the ship and confirmed the occurrence of a fire due to the occurrence of the fire, the fire should prevent the spread of the fire by opening the valve installed in the studs separate from the cargo hold in such case.

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