항만운송사업법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (misunderstanding of the legal principles) the Defendants registered the coastal cargo transportation business and the coastal oil supply business at the same time. In such a case, the Defendants may, in an exceptional case, oil oil supply or oil supply to other ships, other than registered ships, out of a harbor that has registered the coastal oil supply business.
The response of questioning by the Ministry of Oceans and Fisheries is also such content, and the acts of the defendants who believe such response of questioning is not a crime.
If there is a legitimate reason to mislead the misunderstanding (misunderstanding of a law).
Nevertheless, the court below found the Defendants guilty of all the charges, and there is an error of law by misunderstanding legal principles.
2. Determination
A. In full view of the relevant legal principles (see, e.g., Constitutional Court Decision 2016Hun-Ba386, Aug. 31, 2017) (see, e.g., Supreme Court Decision 2016Hun-Ba386, Aug. 31, 2017), comprehensively taking into account Articles 26-3 and 31 of the Harbor Transport Business Act (hereinafter “instant provisions”), a person who intends to engage in vessel oil supply business is required to register with the head of a regional maritime port office for each harbor and to punish a person who engages in vessel oil supply business in an unregistered
Ship oil suppliers shall be registered for each harbor, and the business area shall be limited to a registered harbor.
In other words, ship oil suppliers can supply ships only in a registered harbor (business area), and they can not supply ships in other ports beyond this, and it is also prohibited to register multiple ships in other ports with the same speed.
Provided, That it is permitted for a ship oil supplier to operate his/her business by registering the oil supply business in other ports with other tank vessels.
2) Under the Maritime Transportation Act, a coastal cargo transport business is a maritime cargo transport business operating between a domestic port and a domestic port (Article 23 subparag. 1 of the Maritime Transportation Business Act). The concept of a business, the applicable law, and the requirements for registration are different different projects under the Port Transport Business Act.
-port cargo transportation services.