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(영문) 인천지방법원 2017.02.10 2016고단6853

해양환경관리법위반

Text

Defendant

A Imprisonment of one year and two months, Defendant B's imprisonment of one year, and Defendant C's fine of 20,000,000.

Reasons

Punishment of the crime

1. No person shall discharge pollutants from a ship to the sea, unless he/she is inevitable to ensure the safety of ships, marine facilities, etc. or to save lives, or to cause damage to ships, marine facilities, etc.;

Defendant

C Co., Ltd. (hereinafter referred to as “Defendant Company”);

A briefly, the purpose of which is to produce ready-mixed products, conduct maritime cargo transportation business, and build concrete structures at maritime structures, and Defendant A takes office as the president around May 2013 to exercise overall control over the overall operation of the Defendant Company, such as the supply, orders, businesses, and management of the Defendant Company. Defendant B begins with work as the working person of the Defendant Company from around 1987 and takes charge of technical parts, such as the inspection, operation, etc. of the vessel as a technical director.

Defendant

On September 27, 2013, at the time of the J Construction ordered by the Company, the Company concluded a contract for “Treatment Construction,” which is a contractor for the J Construction ordered by the Company, and a contract for the maritime ready-mixeds and concrete supply related to the power plant construction with the amount of KRW 5.4 billion, and the delivery period from September 27, 2013 to July 31, 2015.

Defendant

While Defendant B worked from around 2005 to 2009, the Company ordered part of L construction works from Samsung C&T Co., Ltd. to install construction machinery equipment (such as poke, pumps, cement, gravel, sand tank, mixtures, etc.) on the “b/P line” to perform construction works on the sea.

At the time, Samsung C&T prevented the Defendant from dumping wastes, such as ready-mixed residues and sludge, generated on the part of the Defendant Company in the course of construction at sea, into the sea, and disposed of on land in the form of concrete block, and ordered the waste disposal business entity to commission disposal. The Defendants are on the sea.