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(영문) 창원지방법원 통영지원 2018.04.30 2018고정73

선박직원법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner and captain of fishing B (15 tons) in the coastal fishing line with the loading of a common sea.

A person who intends to become a ship's personnel shall obtain a license for marine engineer from the Minister of Oceans and Fisheries.

In addition, a person who has obtained a license for a marine engineer and intends to continue the validity of the license or a person who intends to restore the validity of the license when the validity of the license has been suspended after the validity of the license has expired should be renewed in accordance with Ordinance of the Ministry of Maritime Affairs and Fisheries.

Nevertheless, the Defendant, at around 11:00 on September 6, 2017, on April 18, 2017, when the term of validity of the engineer's license (small-sized gambling pilot) was suspended, on the part of the Defendant, on board B as the captain of the area between the south Sea and the south Sea of the Republic of Korea, and around 16:30 on September 6, 2017 at around 16:30 on the same day, the Defendant was on board B as the captain of the area between the south and south Sea of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the results of verification of civil petition reports;

1. Photographs showing the B-inspection site;

1. Application of Acts and subordinate statutes on seafarers' licenses;

1. Relevant legal provisions concerning the facts constituting a crime, and subparagraph 2 of Article 27 of the Ship Personnel Act and Article 4 (1) of the Act (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;