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(영문) 울산지방법원 2016.06.03 2015고정1395
업무상과실치상
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person boarding the ship C (19 tons, 2 passengers, and 73 passengers) head at Ulsan.

On March 28, 2015, around 06:30 on March 28, 2015, the arrival of the engine cooling system of the engine room at the south-gu port of Ulsan-gu, the captain D, and 16 passengers on board C, including victim E, on board the ship on the same day, left the port with the captain D, and left all passengers on the same day at around 06:50 on the same day, and at around 10:00 on the same day while sailing nearby the sea, the engine cooling system of the engine room at around 10:0 on the south-gu, Ulsan-gu, the Defendant failed to start and complete emergency repairs and repairs on the part of the passenger room of the vessel.

Since then, 12:30 on the same day, in order to have passengers on board, the 13:30 days passed after arrival in the south of Ulsan-do New Airport and the completion of the work, such as spreading the sea water flowed from the repair department, the passenger room inspection tool was opened at around 13:30 on the same day, and moved to the Ulsan-do New Port Tue (hereinafter referred to as the "Sulsan") restaurant for the purpose of guiding the boarding broadcast and the occupation awareness.

In such cases, in preparation for passengers to get on board C, the Defendant has a duty of care to close the inspection equipment of the boarding room on the floor of the guest room before passengers board the room or to prevent the passengers moving the guest room from falling into the engine room floor below 1m in depth in the field of the inspection of the passenger room.

Nevertheless, the Defendant neglected this and failed to open the inspection tools of the above U.S. passenger room, and moved to the restaurant for the South and North coastwise of Ulsan, the victim E on board at around 13:40 of the same day, and failed to discover that the passenger room inspection tools of the U.S. passenger room are opened while moving.

Accordingly, the Defendant’s above work performance.

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