South Korean ferry sinks. Nearly 300 passengers missing.

[Broomstick]

I think the death penalty in this case is more for vengeance than anything else. While what he did was pretty bad, there were many errors and many people at fault for this as well. For instance, had the ferry been properly loaded, this may not have happened at all.

Unless Korea is radically different from other nations the captain is responsible for the vessel. It's his job to make sure everyone gets their job done properly. These days, he's the CEO, in the past, he was the king. Either way, if the ship went down he was held responsible.

[Broomstick]

Thanas, i'll give you the benefit of the doubt and assume you aren't being deliberately dishonest. The lower-level crew, the cooks and the bellboys, what should they have done that wouldn't result in death or 15-30 years of imprisonment?

There has been precedent in the sinking of other ships in the modern era for lower-level crew to act effectively and in a life-saving manner in emergencies. There was even a cruise ship that sank off the coast of Africa where the band hired for entertainment were credited with saving lives.

You can either tell children to stay in the cabins of a sinking ship then leave yourself, or you can do something - get people on the upper decks, issue flotation devices, launch lifeboats, just give them a chance to simply swim away from the ship (as happened with the Costa Concordia where some passengers swam to shore), really, anything but keeping them below decks to drown.

[Simon_Jester]

Even doing nothing would be a hell of a lot better than doing things that will actively get people killed and then jumping ship yourself.

Although you'd still reasonably be on trial for negligence; one of the reasons that ships HAVE such large crews is because of the need to make sure passengers are taken care of in an emergency.

They're not there entirely for the passengers' convenience. Like airline stewards, they have a definite role to play in an emergency, are normally trained for it, and can be held accountable for at least some level of negligence for explicitly choosing to not USE their training in an emergency.

[Borgholio]

Unless Korea is radically different from other nations the captain is responsible for the vessel. It's his job to make sure everyone gets their job done properly. These days, he's the CEO, in the past, he was the king. Either way, if the ship went down he was held responsible.

Oh indeed. Don't get me wrong, I'm not protesting his death sentence (should it happen). I'm saying that if they really wanted to punish all those responsible, they would go after the managers and decision-makers of the corporation who decided it would be a good idea to overload a ship to the point where the accident could happen in the first place, in addition to the captain and crew. Sure, the crew are guilty, but it wasn't just them and justice is not served until THEIR bosses are put on trial too.

[Thanas]

The main boss is already dead, though I am sure there are others.

[Elheru Aran]

As I understand it, in general maritime law, all the crew of a ship are responsible for the passengers. That's from captain on down to the lowest cabin-boy and kitchen-hand. There are degrees of responsibility certainly, but in a time of crisis all hands are expected to render assistance to passengers unless incapacitated or otherwise unable to assist (being on a different part of the ship, whatever).

[Borgholio]

Update - Ferry Captain acquitted of murder but found guilty of violating "seamen's law" and abandonment causing death and injury.

http://www.cnn.com/2014/11/10/world/asi ... index.html

Gwangju, South Korea (CNN) -- Lee Joon-seok, the captain widely derided by families for leaping to safety while the hundreds of people remained inside the sinking South Korean ferry, was sentenced Tuesday to 36 years in jail.

Although he was acquitted of murder, Lee was found guilty of violating "seamen's law" and abandonment causing death and injury.

The sentence was the culmination of a five-month trial. A panel of three judges delivered the verdict and the sentence for Lee, who was accused of multiple charges including negligence, abandonment, and murder, for his conduct on the Sewol ferry that sunk on April 16.

Prosecutors had sought the death penalty for Lee, alleging that he did not use the available equipment such as life rafts, life vests and announcements to evacuate the passengers.

Park Gi-ho, the ferry's chief engineer was found guilty of murder and sentenced to 30 years. The remaining 13 crew members were sentenced five to 20 years.

The verdict was met with outrage by families of the victim, who gathered outside court asking for an appeal and calling for the death penalty for the crew members.

The South Korean government said it may appeal the verdicts.

"There were differences in opinion in many aspects," said lead prosecutor Park Jae-uck. "It is our position to appeal so that we can ask for another judgment."

Both the prosecution and the defense have seven days to formally ask for an appeal.

More than 300 people died after the ferry capsized on the southwestern coast of South Korea in April. Almost 250 of them were suburban high school students on their way to a field trip.

Nine people remain missing. The government ended the underwater search on Tuesday after searching for about seven months.

"Conditions of the search has reached dangerous situation, for instance like the collapse of compartments within the ferry," said Lee Ju-young, the South Korean Minister of Oceans and Fisheries. "As the winter season approaches, conditions in the sea are deteriorating.

He said the chances of the finding the last victims were waning and that the sea conditions could cause casualties.

The ferry will be sealed, but the decision on a salvage operation will be made after considering various conditions and consulting with the families and experts.

Damning photos of Lee, dressed in a shirt and underwear, jumping into the arms of rescuers triggered widespread revulsion. While, there's no international maritime law that says a captain has to go down with his or her ship, his actions drew widespread criticism and it cemented in many people's mind that the captain had prioritized his safety over that of his passengers.

Even South Korean President Park Geun-hye chimed in, calling the actions of Lee and his crew as "akin to murder."

Lee has apologized numerous times, saying his actions were not intentional.

"I was stunned by the accident and I lost my ability to make decisions. I swear I never thought passengers should be left dying in order for me to make it to safety first."

Lee and three other crew members were charged with murder in an emotional trial that began in June.

Several of the survivors testified that when the ship's troubles began, they were instructed over the announcement system to stay put rather than to evacuate. The ship eventually capsized, trapping hundreds of passengers inside.

Lee's defense has maintained that the captain had only been at the helm of the ship for six days and that he was not willfully negligent.

"The defendant comes to understand the responsibility and is relying on psychological medication and also sleeping pills," his lawyer, Lee Gwang-jae told the court earlier this month. "He has an apologetic mindset and is living everyday as if walking on a thorny field, fearing that what he has done may sbe passed onto his family."

Lee had not been steering at the time when the ship listed that April morning. Lee told the court he was in his room, smoking and changing his clothes when trouble began on the ship. He acknowledged that he knew that the person who was steering did not have the proper skills.

"I failed to take the necessary measures for passengers to leave the ship," Lee said in court.

"I reflect and apologize to the victim's families -- to those who lost their beloved sons and daughters. To the fathers, I'd say: 'I've committed a sin, worthy of death.'"

There have been some concern that the Sewol crew members were being publicly demonized, affecting their chances for fair trial. Their trial was so highly charged that some lawyers refused to represent Lee.

Investigators have said that a vast amount of cargo, more than double the ferry's limit, and the failure to tie it down properly were partly responsible for the capsizing of the Sewol.

"I am concerned that those who are more responsible are shifting blame to the defendant," said Lee's defense attorney, when the trial began.

The operators of the Cheonghaejin Marine Co, which ran the ill-fated ferry are also facing trial.

South Korea's Yonhap News Agency reported that prosecutors are seeking a 15-year prison term for Kim Han-sik, chief executive officer of the company, who is facing a manslaughter charge.

The Sewol disaster caused widespread outrage in South Korea over lax safety standards and the failure to rescue more people as the ship foundered.