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(영문) 제주지방법원 2019.06.28 2019고정40

해양환경관리법위반

Text

1. Defendant A shall be punished by a fine not exceeding seven hundred thousand won;

Where the above defendant fails to pay the fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the captain of the fishing vessel C(4.96 tons) at the time of Jeju, and the defendant B is the owner of the above vessel and the defendant A is the owner of the above vessel.

1. No person who is a defendant A shall discharge pollutants from a ship into the sea;

Defendant

A around 13:30 on April 16, 2018, around Jeju-si Do, he was engaged in the diversative work of oil using other storage containers (finch color, 10liter) in order to detect that rainwater flows into C, light storage containers (White, 20liter) stored in C, and to separate light oil from water.

In such cases, there was a duty of care to prevent oil from flowing into the sea in the course of oil transfer by taking appropriate pre-measures, such as using flabs, etc. to those who carry out such flabing operations.

Nevertheless, Defendant A neglected this and caused the transit to the surrounding sea through the hole of the ship through which approximately 0.2 liter (0.2 liter) flows over the deck by negligence in the process of using the storage container as it is.

2. Defendant B, an employee of Defendant B, committed the act as described in paragraph (1) in relation to the Defendant B’s business.

Summary of Evidence

1. Each statement made by the Defendants in this Act

1. Each statement of each protocol of examination of suspect against the Defendants in the police preparation

1. Investigative reports (the course of outflow and specification of outflow quantity) on police preparation and images (including attached documents);

1. Each description of the vessel inquiry, the shipment certificate, and the designation for the use of the control vessel;

1. Entry of C marine pollution scene inspections and application of video-related Acts and subordinate statutes;

1. Article 127 subparagraph 2 of Article 127 and the main sentence of Article 22 (1) of the Marine Environment Management Act: Point 2 of Article 130, Article 127 subparagraph 2 of the Marine Environment Management Act and the main sentence of Article 22 (1)

1. Defendants to be detained in the workhouse: Article 70 of the Criminal Code.