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(영문) 울산지방법원 2016.05.13 2015고정653

수질및수생태계보전에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is in charge of the inspection and maintenance of equipment of mid-term rental companies in Ulsan-gu, Ulsan-gu (E, 160 tons) and mid-term (E, 160 tons), which are owned by the company.

On December 9, 2014, 16:30 around Ulsan-dong, Ulsan-dong, Ulsan-dong, the Defendant directed the driver F (51 year) of the mid-term driver of the train employed by the Defendant to move the mid-term driver of the train to one wharf at the port of Ulsan-dong.

The Ulsan Port ordinary wharf installed cargo structures at a port where cargo ships usually enter and depart from port, and therefore, it is necessary to operate the oil boom boom boom installed at the mid-term engine to avoid structures during the mid-term operation. However, when the pressure in the hot pressure boom increases, if the pressure in the hot pressure booms are weak, the oil pressure booms can fall and flow out to neighboring public waters. As such, the owner and manager of the mid-term engine can thoroughly check the safety of the equipment defects through the regular and periodic maintenance of the mid-term engine, and to prevent safety accidents caused by the pressure boom boom booming by using the exclusive parts that can easily with the pressure of the hydrotension boom booms.

Nevertheless, the Defendant did not neglect this and did not perform his duty of care required as an owner or manager of the vehicle, such as negligence not inspecting special equipment prior to a regular inspection during the mid-term period, negligence using a general pipe that does not check pressure on part of a pressure strings, etc., and by failing to perform his duty of care required on December 9, 2014, at the same time, the driver F (61 years old) employed by the Defendant at the seat of the 2 wharfmmb in the Southern-dong, Ulsan-dong, Ulsan-dong, Ulsan-dong, No. 17:30, Dec. 9, 2014.