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(영문) 춘천지방법원 강릉지원 2012.10.23 2012노260

항만운송사업법위반

Text

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The instant E Corporation was conducted by a ship on the sea, and the Defendant used C to transport construction materials and construction figures between the land and the ship at the construction site.

The term "main vessel" as referred to in subparagraph 1 (a) of Article 2 of the Enforcement Decree of the Harbor Transport Business Act refers to all vessels that are subject to contact with a transit vessel. Thus, a vessel at the construction site falls under the main vessel, and the Defendant's act constitutes relay of contact between the said construction site and the land.

Nevertheless, the judgment of the court below which acquitted the defendant on the ground that the defendant merely engaged in transporting materials and workers at the above construction site using C and cannot be seen as an act of relaying contact between the main ship and the land, which affected the conclusion of the judgment by misapprehending the legal principles as to the meaning of "the main ship" and by misapprehending the meaning of "the main ship".

Judgment

According to the evidence duly admitted and examined by the court below, the defendant's act of transporting materials and workers at the E-work site of e-ray development using a ship inspection "other ships", and the fact that the above construction was conducted by ships at sea can be acknowledged.

However, according to the evidence duly adopted and examined by the court below, the defendant asked whether the construction work line, such as C, is subject to registration under the Harbor Transport Business Act, and the head of Gangwon-do branch office of FF branch office, on June 1, 2012, sent a reply to the purport that "the transportation of the crew of the main ship waiting at the sea unclaimed facility, etc., is required to be registered as a transit business, but the transportation of the main ship crew, etc., is not a transit business as stipulated under Article 2 of the Enforcement Decree of the Harbor Transport Business Act."

A prosecutor.