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| TITLE | Supreme Court Decision 2009Chu15 Decided February 24, 2011 [Revocation of Ruling] [full Text] |
|---|---|
| Summary | |
| [1] Where, in the ""Taean oil spill accident"" caused by a collision between a tugboat fleet and a large oil tanker, the Korean Marine Safety Tribunal ruled that Gap, the main tugboat's captain, and Eul, the fleet's leader, were liable for the collision, and as a consequence revoked Gap's second mate's license and ordered recommendation of correction to Eul, the Tribunal did not abuse or deviate from its discretionary authority [2] Criteria to determine whether wrongdoing subject to recommendation of correction and improvement is related to causes of a marine accident when the Tribunal orders recommendation of correction and improvement to a person, other than a marine technician or pilot, who is related to the causes of a marine accident pursuant to Article 5 (3) of the former Act on the Investigation and Inquiry of Marine Accidents [3] Where the Tribunal ordered the Gap company, a lessee of the tugboat fleet, recommendation of correction and improvement to establish safety management system with respect to the so-called ""Taean oil spill accident"" caused by collision of a tugboat fleet and a large oil tanker on December 7, 2007, the Tribunal's order was lawful as the Gap company was an operator of the fleet although the Gap company entrusted to the Eul company actual management and operation of the vessels | |
