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(영문) 부산지방법원 2020.03.25 2020고단19

선박직원법위반

Text

Defendants shall be punished by a fine of four million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. A shipowner of a ship shall have a marine officer who meets the standards for service aboard ship personnel, on board, in consideration of the navigation area, size, use, output of a propelling engine, and other matters concerning safety in navigation of ships;

The Defendant, at B Co., Ltd. for deep-sea fisheries, was in charge of the management of crew members of Busan Loading (1,016 tons, 3,632kw), who is the owner of the said company, and did not supplement the second class engineer even though the second class engineer of the said ship left the port around May 8, 2019 and did not instruct the second class engineer to leave the port for deep-Pacific operation on or around May 9, 2019, and did not have the second class engineer work on board until the date of the operation on the sea near the Southern Pacific on September 22, 2019.

2. Defendant B Co., Ltd. (representative: D) The Defendant, his employee, committed a violation as described in paragraph (1) in relation to the Defendant Company’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (to attach the minimum standards for duties of ship personnel);

1. Application of Acts and subordinate statutes to the name roll of seafarers, current status of a ship, list of seafarers, and corrective instructions on each ship;

1. Article 27 subparagraph 5 of the Ship Personnel Act and Article 11 (1) (Selection of Fines) of the Ship Personnel Act: Articles 30, 27 subparagraph 5 of the Ship Personnel Act and Articles 11 (1) of the Ship Personnel Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the defendants) asserts that the circumstances where the second class engineer immediately before departure from the port notified him/her of his/her own leaving of the port, and the situation where departure from the port was caused due to the lack of conditions for seeking substitute personnel should be considered as favorable grounds for sentencing. However, since the defendants are well aware of the supply and demand conditions of the crew as the ship operation manager, and there has been a history of punishment of fines for the same crimes with the same contents, it is urgent that the situation where