beta
(영문) 전주지방법원 군산지원 2019.02.20 2018고단1179

선박의입항및출항등에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

B is a person who is on board as the captain of a coastal fishing vessel C(7.93 tons) at the time of military delivery, and the defendant is the borrower of the above fishing vessel.

1. The captain of a ship who intends to enter the water zone, etc. of trade ports in violation of the Act on the Arrival and Departure, etc. of Ships shall not submit a report or make a false report to the Minister of Oceans and Fisheries;

Nevertheless, the Defendant knew that B was unable to be on board as the captain of the above fishing vessel after having been subject to the business suspension disposition of the license for the captain of the above vessel, and, in order to find out the lost fishing gear on April 15, 2018, the Defendant allowed B to be on board as the captain of the above fishing vessel and consented B.

At around 04:30 on April 19, 2018, the Defendant and B reported the entry and departure as if the Defendant would actually embark on the said fishing vessel to the captain at a non-raid port located in the Sinsan City (a non-raid port). However, at around 12:00 on the same day, B reported the entry and departure as if the Defendant would actually embark on the said vessel as the captain, and thereafter B her navigation from approximately 8 nautical miles (36-05.47 N, 126-16.17E) on the shore map of the Gunsan City on the same day.

Accordingly, the Defendant filed a false entry report to the port of entry and departure reporting authority (a non-compliance police station) in conjunction with B.

2. No ship officer who violates the Ship Personnel Act shall serve as ship personnel during the period of business suspension, when the Minister of Oceans and Fisheries receives a disposition of business suspension;

Nevertheless, around March 14, 2018, B, despite the fact that it was ordered to suspend a marine officer's license from March 30, 2018 to April 28 of the same year, B, despite the fact that the fishery officer's license was imposed from March 30, 2018 to April 28 of the same year, B, as the ship's personnel of the above fishing vessel, up to 8 nautical miles (36-05.47N, 126-16.17E) from the 12:00 North Gunnsan-si, Busan Metropolitan City, the captain of the above fishing vessel was on board on April 19, 2018.

The defendant's license is granted to marine officers from March 30, 2018 to April 28 of the same year.