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(영문) 대전지방법원 서산지원 2019.05.16 2019고정56

해양환경관리법위반

Text

Defendants shall be punished by a fine of 2.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the captain of the Busan Metropolitan City dredging Line C (1,530 tons) operated by B, and the defendant B is an enterprise operating dredging C, which operates dredging ships, and is a corporation operating dredging ships.

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

Nevertheless, at around 07:35 on July 28, 2018, the Defendant discharged knives of C’s port power generator from the port dredging work to the port of Chungcheongnam-gun, Chungcheongnam-gun. In such a case, the Defendant, as a person in charge of the ship, has to closely check in advance the state of ordinary power generator and brick, etc., but did not confirm it, contaminated the sea by discharging approximately 1.08 km of pollutants harmful to the marine environment (waste: 20m x 300m).

2. Defendant B, as an employee of the Defendant, had the Defendant A commit an offense identical to that entered in wartime with respect to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Situation report (Notice/Direction of the occurrence of neighboring marine pollution);

1. An investigation report (limited to granular verification);

1. Notification of detection of a violation of the Marine Environment Management Act (C);

1. Reports (C) on the marine pollution response and the completion of pollution response;

1. A personal seal (captain A);

1. Business registration certificate and bareboat charter;

1. C (Saveline) table;

1. Application of photographic Acts and subordinate statutes related to C marine pollution response;

1. Article 128 subparagraph 1 of Article 128 of the Marine Environment Management Act and Article 22 (1) (Selection of Fine): Defendant B corporation: Articles 130, 128 subparagraph 1 of the Marine Environment Management Act and Articles 22 (1) of the same Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act