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(영문) 부산지방법원 서부지원 2019.09.26 2019고정78

해양환경관리법위반

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

The defendant is a person who employs C as the owner of B and operates a maritime transport business, and C is a person who serves as the head of Busan Shipping B (170 tons).

No person shall discharge oil from a ship into the sea, but he/she is an employee of the defendant as the manager of fuel oil, etc. in the ship; on April 18, 2018, at around 09:20, at around 09:20, at the 3rd Island (10-1 wall) in the Dispute Resolution Co., Ltd. (hereinafter referred to as the “Woo-1”) of the ship, he/she transferred fuel from the oil tank to the service tank; on the other hand, without taking any measures to prevent marine pollution accidents that may occur during the transport of fuel kinds, he/she issued an order to suspend the pumps upon the completion of the transfer of oil from the steering boat F; on April 18, 2018, at around 09:35, 2000, approximately 25 liters of fuel oil was discharged into the sea of the service tank through the on-site management hole of fuel oil transfer oil oil, and caused pollution at the sea (100m x 80m mp).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. Reporting on arresting a person who violates the Marine Environment Management Act;

1. Epictics of marine pollution;

1. Application of statutes on business registration certificates;

1. Article 130 of the relevant Act and Articles 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) of the same Act concerning the selection of criminal facts;

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;