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(영문) 대전고등법원 2015.06.11 2014누616
중앙해양안전심판원재결취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Korean Maritime Safety Tribunal.

Reasons

1. Occurrence of marine accidents of this case and details of adjudication;

A. On November 17, 201, around 10:01, at sea (34:51:38 degrees North latitude) under paragraph (1) in front of the crude oil reservoir in the ebbbal port in the ebal sea (hereinafter “instant marine accident”) of the Pebal port in the U.S., where a collision occurred between the ebal part of the oil tanker B, who called on the ebal port of the U.S. and the Pebal part of the Pebal port in the U.S. to enter the port of the Pebal port in order to make a navigation to the Pebal port in the U.S. (hereinafter “instant marine accident”).

At that time, B, a first-class pilot, was under command of pilotage, and C, a first-class pilot, was under command of pilotage.

B. On July 9, 2013 with respect to the marine accident of the instant case, “The collision is caused by failure of B to keep out of the way of C sailing along the same sea route while entering the Ganyang Port Section 1 in the boundary of the Ganyang Port,” but C has access to B beyond the ordinary navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigational navigation due to excessive speed and decline in effect. The Plaintiff’s business of the person involved in the marine accident shall be suspended for one month. The first class pilot’s business of the person involved in the marine accident shall be suspended for one month. The first class pilot’s business of the person involved in the marine accident shall be suspended for one month.”

(hereinafter referred to as “instant first instance judgment”) C.

On October 17, 2014, the plaintiff, investigators, etc. filed a claim with the Korean Maritime Safety Tribunal for second instance, and on October 17, 2014, the Korean Maritime Safety Tribunal had access to the marine accident of this case to B's line zone because C had not properly cope with the effects of the current Article and the impact of the water, and due to the failure to keep out of the way of C's navigation to the same sea route by departing from the bottom of the luminous port to use part of the optical port as the sea area.

person involved in a marine accident;

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