(영문) 전주지방법원 군산지원 2020.06.10 2020고단201

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2020.06.10 2020고단201

업무상과실치상

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of the B(9.77 tons) fishing vessel number B(9.77 tons) with a small-sized fishing vessel loaded in Seocheon-gun, the defendant is a person in charge of safety management of C.

On October 27, 2019, at around 19:08, the Defendant, while anchored on the sea (FIX 35-59-13N, 126-13-33E) approximately 0.1 nautical miles (FIX 35-59-13N, 126-13E) south bank, was mooring the port of the above C unit on the port side of the same vessel carrying the catch of the same vessel at anchor (to stop away from a fixed place).

At the time, the Defendant operates the steering gear and engine engine engine set at the steering house, and the victim E (the age of 67) was a wire line used to fasten a vessel, etc. at a direct diameter of 24 meters from the deck (on the deck immediately below the boat head) of the on-board deck, and is also a one-time "surk" line. Ordinary is made of synthetic fibres, such as ballons or polyethylene, and then the number of mooring remaining after the boating into the steering boat was in the atmosphere of 2 to 3 wheels (the pole for mooring a vessel), and the victim E was in the atmosphere to reduce the number of mooring of 2 to 3 wheels in the direction of the steering boat (the pole for mooring a vessel).

In such a case, the captain in charge of safety management has a duty of care to use engines in advance or give prior notice to seafarers so that seafarers may not face dangerous circumstances in the course of leaving the center when the captain is engaged in mooring to other fishing vessels from the head of the boat.

Nevertheless, the Defendant did not perform the above duty of care and did not confirm the state of the victim, and did so by negligence, which led the victim to lose the center of the player’s head, and caused the victim to wear a tension on the course of mooring.

Ultimately, the Defendant’s occupational negligence requires approximately 14 weeks of treatment to the victim.

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