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(영문) 춘천지방법원 속초지원 2014.11.28 2014고정158

해양환경관리법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the head of C(43 tons) who is the towing ship in Busan, and the defendant B is the corporation that is engaged in the maritime transport business as the owner of the above ship.

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

On June 22, 2014, at around 12:30 on June 2, 2014, the Defendant stored the waste oil in a 18-liter container of 18-liter, and moved it to the storage container installed on deck.

In such a case, as the waste oil contained in a container is likely to flow off the deck far from the deck, the Defendant is obliged to use the sealed container and take measures, such as closing the deck drainage system and installing a vertical distribution on the floor before moving the waste oil, thereby preventing the leakage of waste oil on the sea.

Nevertheless, the Defendant did not take such measures and carried waste oil in a 18-liter container on a 18-liter container, and by negligence, 1.5 liter of waste oil was leaked into the surrounding sea (50 meters in length and 50 meters in width) through the deck draining.

Accordingly, the Defendant negligently discharged pollutants from a ship to the sea.

2. Defendant B, a corporation established for the purpose of maritime transport business, etc., and Defendant B, an employee, committed a violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Legal statement of the defendant B corporation;

1. The suspect interrogation protocol of the defendant A by the police;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes governing the violation field mining examination;

1. Article 127 subparag. 2 and Article 22(1) of the Marine Environment Management Act; Articles 130, 127 subparag. 2, and 22(1) of the Marine Environment Management Act;

1. The defendant to be detained in a workhouse;