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(영문) 창원지방법원 통영지원 2014.02.06 2013고정699

해양환경관리법위반

Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 2,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the head of work of D, which is a double-class fishing vessel towing double-class fishing vessels, and the defendant B is the owner of the above D.

1. Defendant A, from around 09:00 on June 16, 2013 to around 10:00 on the same day, had D’s hull melting and removing off the deck part of D’s hull, which had been anchored at the above landing point, by mobilization of foreign crew members, etc.

In the above work, there is a concern that pollutants, such as green dust or paint dust, might be discharged into the sea by wind. Thus, despite the duty of care to prevent the discharge of the above pollutants into the sea by installing a proof force around the work site, the Defendant neglected to do so and thereby, thereby releasing approximately KRW 50g of green dust and paint powder, which are pollutants generated in the course of the above green removal work, into the sea before the arrival of the above ship.

2. Defendant B, who is his employee, discharged pollutants at sea by negligence, such as paragraph (1), in relation to the Defendant’s work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Arrest reports and investigation reports of persons who violate the Marine Environment Management Act (whether to provide safety education prior to work, etc.);

1. Application of Acts and subordinate statutes on field collection of evidence in violation of the Marine Environment Management Act;

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

1. Articles 70 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;