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(영문) 창원지방법원 마산지원 2018.10.26 2018고정205

해양환경관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is the head of Jeju Shipping B (1,569 tons).

No one shall discharge pollutants from a ship into the sea.

From June 2016, the Defendant knew from around June 2016 to the captain of the above vessel that part of the fuel oil pipelines passed through the bath-resistant wall, and in such a case, taking into account the fact that pipes can be easily corrosioned due to the bath-resistant habit, the Defendant has a duty of care required for performing his duties, such as occasional inspection, replacing old pipes, etc.

Nevertheless, around 14:53 on March 15, 2018, the Defendant: (a) discharged approximately 40 liters oil into the sea through the hole of a bath floor, drain pipe, and the outer side of a bath bed, by failing to properly check the pipes in violation of the above duty of care; and (b) by failing to properly check the pipes; and (c) by failing to perform injecting 62 tons of ship’s fuel engine fuel incentive MFF3062 tons; and (d) by failing to perform an injecting the pipes into the bath pipes, the Defendant discharged approximately 40 liters oil out of the pipe; and (e) discharged it into the sea through the bath floor, drain pipe, and the outer side of a bath.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Article 127 subparagraph 2 of the relevant Act and Articles 22 (1) of the Management of the Marine Environment by which punishment is selected for facts constituting an offense;

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;