beta
(영문) 창원지방법원 통영지원 2016.11.29 2016고정542

해양환경관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the captain of the Busan Ship C(63 tons, river ships) and the defendant B is the owner of the above ship and the defendant A's employer.

1. Defendant A

A. On March 20, 2016, the Defendant: (a) around 07:25 on March 20, 2016, three (3) persons, such as the captain, etc., on board the ship; (b) on the Busan loading G (550 tons) barge; and (c) departing from the port after towing about approximately 800 tons of aggregate on the part of the captain, etc.; and (d) on the part of the construction site at the H village landing site at the same time, the Defendant was on the sea at the port of Busan-Eup in the same city.

In such cases, the Defendant, as a captain, should require the crew on board the barge G to check from time to time whether the barge has loaded the barge's oil and sea water flow, etc., and shall thoroughly perform the duty of care to prevent the occurrence of safety accidents, such as electric uniforms, as the captain.

Nevertheless, at around 14:30 on the same day, the Defendant thought that the hull was to arrive at the construction site of H village and to perform drainage work at the port site of H, despite recognizing the fact that the hull was 5 degrees of 5 degrees high due to the inflow of sea water in the barge while sailing the sea near the west-gu west-si, which was located in the 19:46 on the same day due to the negligence of navigation, at around 19:46 on the 19:7math (N 34-45.70, N 128-21.70) of the southwest-gu, west-gu, west-gu, west-do, G was returned to the west-do, while making full use of the sea at around 0.7 miles (N 34-45.70, N 128-21.70).

B. As stated in the above paragraph (a), the Defendant, while burying G by negligence, discharged approximately KRW 100 liters via fuel oil of a power generator, which was on board a ship, and caused the Defendant to pollute the sea of approximately 100 meters in length and approximately 40 meters in width.

C. As G was recovered as indicated in the foregoing paragraph (a), the Defendant suffered injury to the victim I, who was the victim, such as catum salt, for 16 days in need of medical treatment.

2. Defendant A, an employee of Defendant B, committed an act of violation as described in paragraph (1)(b) with respect to the Defendant’s work.

(i) the evidence;