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(영문) 광주지방법원 목포지원 2017.06.08 2017고정134

선박의입항및출항등에관한법률위반

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Defendants are not guilty.

Reasons

1. A summary of the facts charged in this case is the president of the corporation B, and Defendant B is a corporation with the purpose of leasing ships, facilities, and equipment.

If the Minister of Oceans and Fisheries deems it necessary for the efficient operation of a trade port, he/she may order the vessel located in the water zone, etc. of the trade port to move to a place determined by the Minister of Oceans and Fisheries, if it is necessary in time of war, incident, national emergency equivalent thereto, or national security.

A. Defendant A was ordered to move out of the port boundaries or to move to a place that does not impede the operation of ports, as there is an obstacle to the operation of ports E, which is located in B’s office located in Yong-gun, Nam-gun, Nam-gun, 2016, from the Korea Fisheries Agency of Mapo-gun, which is located in B’s office located in B’s office, and is adjacent to B’s port E, and thus, Defendant A did not comply with the order.

B. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the above date, time, place, and the Defendant’s employees.

2. On January 29, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) asserted by the Defendants (hereinafter “Defendant B”) issued an order to move E (hereinafter “instant order”) from D to move the instant vessel by not later than the 30th day of the same month (hereinafter “instant vessel”). However, at the time, it was impossible to move the instant vessel to repair the engine, etc., and the instant vessel was forced to move the instant vessel by the tugboat too much time even when moving the instant vessel by the tugboat.

Therefore, it was impossible for the Defendants to follow the instant order until January 30, 2016.

3. According to the evidence duly adopted and examined by the court below, ① the total tonnage of the instant vessel is 5,380 tons, the length is 110.05 meters, and ② Defendant B imports the instant vessel and uses the instant vessel from D.