[Asia Economy Reporter Kim Hyung-min] The captain of a foreign vessel involved in a collision accident off the coast of Busan was found guilty of professional negligence for failing to fulfill his duty of care, and the Supreme Court confirmed a fine.
The Supreme Court's 3rd Division (Presiding Justice No Tae-ak) announced on the 14th that it upheld the lower court's ruling to impose a fine in the appeal trial of Mr. A, who was charged with professional negligence and ship sinking.
The court stated that there was "no error in the legal interpretation regarding the International Regulations for Preventing Collisions at Sea, the duty of care under the Maritime Safety Act, and the principle of trust" in the lower court's judgment.
Mr. A was the captain of the Cyprus-flagged bulk carrier Panamax Blessing. On the morning of July 10, 2013, around 5 a.m., his ship collided with the Panama-flagged Harmony Rise off the coast of Busan.
As a result of the accident, the Harmony Rise sank, and 12 Chinese crew members drifted on lifeboats before being rescued by a patrol boat. Oil leaked from the sunken ship, causing marine pollution damage.
The first trial recognized that Mr. A had continuously attempted to change course to avoid the Harmony Rise from 10 minutes before the accident and acquitted him.
However, the second trial overturned the acquittal and sentenced Mr. A to a fine of 3 million won.
The court held Mr. A responsible for not slowing down despite having detected the Harmony Rise earlier via radar.
It was determined that Mr. A should have attempted to change course earlier and, having attempted the course change belatedly, should have turned the ship at a greater angle.
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