Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a captain of a fishing vessel B (39 tons) of a port-defense ship in Ulsan-gu, Ulsan-gu, who is engaged in fishing operation of a fishing vessel and in the management and supervision of the safety of seafarers.

On September 8, 2017, the Defendant, at approximately 115 nautical miles (35.52 minutes in north Korea, 131.53 minutes in easteast 18:00, left the sea with crew members, such as victims C (C, 41 years of age, Vietnam) at the above fishing vessel, who was working at the sea along with the water in the sea, carried the anchor connected to the flagpoles in order to set the flagpoles indicating the location of the water at the sea.

In such a case, the captain who manages and supervises the operation of a fishing vessel and the safety of seafarers has a duty of care to prevent safety accidents by placing a large seafarer’s work at sea, providing safety education to ensure that a crew is not able to anchor, or to wear safety equipment such as life jackets.

Nevertheless, Defendant 1: (a) had a career of less than three months; (b) had a victim who is a seafarer with no knowledge in Korean language, did not provide the victim with safety education prior to his/her work; and (c) had the victim wear the life jackets and sea on the starboard deck of the players of the above fishing vessel; and (d) had the anchor lines covered by the victim’s right edge and sea; (b) had the victim fall on the sea beyond the port deck.

As a result, the Defendant caused the death of the victim by occupational negligence, resulting in the death of the victim in the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to A, D, E, F, and G;

1. A copy of each port and port port, and of each port and port, missing crew member (B) report;

1. Application of Acts and subordinate statutes to a copy of a survey report;

1. Article 268 of the Criminal Act applicable to the facts constituting a crime and Article 268 of the choice of punishment.