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(영문) 부산지방법원 서부지원 2020.06.10 2019고단2149

해양환경관리법위반

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 5,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a person in charge of ship dismantling and repairing work as the field management manager of Defendant B.

1. No person who is a defendant A shall discharge pollutants from a ship into the sea;

Nevertheless, from around 15:00 on July 15, 2019 to 16:00 on the same day, the Defendant discharged slurbage, which is a waste, into the sea, in the course of melting and cutting the hull of E (waste line) in the inner wall of the corporation B located within the boundary of Busan Yan-gu, in order to make it possible for the Defendant to dismantle and cut the hull of E (waste line) in the inner wall of the corporation B, which is located within the boundary of Busan Y-gu.

2. Defendant B, the employer of Defendant Company, committed the above violation in relation to the Defendant Company’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Data concerning the arrest report of a person who violates the Marine Environment Management Act, a copy of the police transfer site, and a person who violates the Marine Environment Management Act (StateB);

1. Copy of all registered matters, and application of Acts and subordinate statutes of employment certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 128 subparag. 1 and Article 22(1) of the Marine Environment Management Act; the choice of imprisonment

B. Defendant B: Articles 130, 128 subparag. 1, and 22(1) of the Marine Environment Management Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B Co., Ltd.: Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act had a record of punishment for the same kind of crime, it is unfavorable that the Defendants again committed the instant crime.

However, the defendants are contrary to the recognition of the crime of this case, and the defendants are able to do their best to supervise and educate in order to prevent further recurrence in the future, and the case of defendant A.