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(영문) 춘천지방법원 강릉지원 2019.06.14 2019고정48

해양환경관리법위반

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 the owner and captain of a coastal complex fishing vessel B (2.36 tons) permitted for the East Sea Loading.

No one shall discharge pollutants from a ship into the sea.

At around 06:07 on November 10, 2018, the Defendant, at the time of the East Sea, was aware of the fact that the lower part of the vessel entered into the fishing port at around 10:40 on the same day was collision with an object, and in such a case, the Defendant has a duty of care required to conduct duties, such as closely checking the vessel and the lower part, to prevent oil leakage, etc., by taking into account that there is an error in the vessel’s and the lower part.

Nevertheless, at around 06:51 on November 11, 2018, the Defendant: (a) was negligent in mooring the above vessel without properly checking the vessel in violation of the aforementioned duty of care; (b) caused the inflow of sea water into the vessel through damaged parts caused by collisions in the installation part of the fish detection device; and (c) caused approximately 50 liters of oil remaining in the ship’s fuel tank to be discharged into the sea.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of detection of a vessel in violation of the Marine Environment Management Act - Scenese letters, shipping certificates (B), fishing vessel inspection certificates (B), and on-site identification photographs;

1. The ship entry and departure management system (detailed information about entry and departure ports);

1. Requests for testing and analysis of samples, and application of Acts and subordinate statutes to notify the results of testing; and

1. Subparagraph 2 of Article 127 and Article 22 (1) of the Marine Environment Management Act concerning facts constituting an offense;

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