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(영문) 대전지방법원 2012.02.16 2011노383

해양환경관리법위반

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Determination of Defendant A, B, C, and E Co., Ltd. (the part of the lower judgment)

A. Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company established for the purpose of refining and selling petroleum products, and is a corporation handling dangerous substances within the boundaries of an open port, such as supplying petroleum products, etc. sold or intended to be transported with exclusive wharfs at Seosan N, etc. to oil tankers. Defendant C is a captain of the instant maritime shipping and wharf shift department, who takes charge of all the duties at the instant wharf, and takes appropriate measures to prevent marine pollution accidents by supervising whether the ship workers and on-site workers work at the designated location, and whether there is any problem in the loading and unloading work. Defendant A and Defendant B are the on-site workers at the instant wharf and the safety manager at the time of the occurrence of the instant case, who shall attend and monitor the loading and unloading work on the ship and take measures to prevent marine pollution from occurring.

1) Defendant C, A, and B, Co-defendant M (hereinafter “M”) in the lower judgment before separation

Co-defendant L (hereinafter referred to as “L”) of the lower court before separation and the J seafarers

Defendant I Co., Ltd. (hereinafter referred to as “Defendant I”) who was abutting on the 7th line (17th line at the OCO) of Defendant E wharf from around 17:30 on December 20, 209 under the direction of Defendant E (hereinafter referred to as “Defendant I”).

) At the J, the oil tanker owned by Defendant E, the oil tanker supplied by Defendant E was supplied with 12 cargo tanks of J. The J has a single spoke connected to crowdfunding, which is a device that supplies oil to the outside, to the ship, and in connection with the 12 tank tank (one unit on the port side of the six zones) through the transport pipeline, the oil flowing through each tank is supplied to the tank, with the oil flowing through the spoke on the surface of each tank.