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(영문) 대전고등법원 2015.06.11 2014누623
도선사면허정지재결처분취소 등
Text

1. The plaintiff's claim is dismissed.

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

The Central Maritime Safety Tribunal.

Reasons

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

A. The Plaintiff is a Class 1 pilot belonging to B, who carries out the business of entering and departing from a wharf, the ship entering and departing from the port pilotage area, which is a compulsory pilotage area.

B. On November 17, 201, around 10:01, at sea (34:51:38 degrees north latitude) under Paragraph (1) in front of the nivers of the nivers of the nivers of the nivers of the nivers of the nivers of the nivers of the nivers of the nivers of the nives of the U.S. and at sea (127.47:0 seconds of the nivers of the nivers of the nivers of the nivers of the nivers of the nivers of the U.S. and to enter the port as the raw materials of the nivers of the nives of the cargo line D, which was proceeding under Paragraph (1) of the nivers of the nivers of the nivers of the n

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

C. On July 9, 2013, the Mapo Regional Maritime Safety Tribunal decided that “this collision occurred within the boundary of the Ganyang Port from failure of C to keep away from D’s course sailing along the same sea route while entering the port to Paragraph 1 of the Mineyang, but it is also possible to approach C beyond D’s ordinary navigation navigation route due to excessive speed and degradation of effect, etc.” The Tribunal decided that “the fault ratio of the cause of the accident to C shall be 65% on the part of C and 35% on the part of D, E’s marine accident, who is the person involved in the marine accident, shall suspend the business of the first-class pilot for one month, and that the Plaintiff, who is the person involved in D’s marine accident, shall suspend the Plaintiff’s business for one-month.”

(hereinafter “Decision of the first instance court of this case”) D.

E and investigators F filed a petition for second instance with the Korean Maritime Safety Tribunal, and on October 17, 2014, the Korean Maritime Safety Tribunal made a petition for second instance with respect to the marine accident of this case, “this collision case” used C’s departure from the luminous port crude oil reservoir and part of C’s departure from the luminous port and part of the case to the luminous port 1.

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