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(영문) 창원지방법원 마산지원 2015.10.23 2015고정435

선박직원법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to newly obtain a license for the operator of a small ship which is a marine officer, a license for a ship officer requires two gross tons or more to have worked experience of operating a ship or operating an engine on a ship of two gross tons or more. In order to renew the license, a license is required to have served as a ship's personnel, such as a captain, etc. for at least one year within five years from the date of application for renewal of the license, or to have served for at least two years as a ship's personnel, and no person

Although the period of service on board a ship actually goes short of one year, including the captain, etc., and two years, which is the minimum period of service on board the ship, the Defendant was on board the ship as captain for at least one year from April 28, 201 to May 4, 2011; and from May 14, 2011 to 2012.

"A public official in charge has filed an application for renewal of a marine officer's license accompanied by a false career certificate, etc., and has been issued a renewed license under the name of the chief of Mapo Regional Maritime Affairs

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (the final selection of a person subject to investigation);

1. Application of Acts and subordinate statutes to applications for renewal of licenses for marine officers (No. 28);

1. Article 27 Subparag. 1 and Article 4 of the former Ship Personnel Act (amended by Act No. 13267, Mar. 27, 2015);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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