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(영문) 부산지방법원 2013.07.25 2013고정1862

선박직원법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a person in charge of the overall affairs of ship B and crew management, and Defendant B is a corporation established for the purpose of marine transportation, etc.

1. In the case of a vessel with at least 750 kmw, but less than 1,500 kw, its main engine which operates the coastal waters except the coastal water zone A, a chief engineer shall be assigned to work on board;

Nevertheless, at around 00:25 on July 17, 2012, the Defendant, without having a first class engineer work on board a ship at the Jeonnam Ba (main engine promotion force of 993Kw) and operated the said ship to the port of throughout the port, and operated the said ship without having the first class engineer work on board a total of six occasions from November 3, 2012, as stated in the attached crime list, from that time to November 3, 2012.

2. The Defendant Company B, at the same time and place as Paragraph 1, violated the Defendant’s business as above.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A copy of the C-book;

1. Ship's nationality certificate, ship inspection certificate and business registration certificate;

1. Application of Acts and subordinate statutes to C Ship Personnel Act and subordinate statutes;

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

(a) Defendant A: Subparagraph 5 of Article 27 and Article 11 (1) of the Ship Personnel Act;

(b) Defendant B: Articles 30, 27 subparag. 5, and 11(1) of the Ship Personnel Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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

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