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(영문) 인천지방법원 2020.04.24 2020고정57

선박안전법위반

Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person working as a captain of a tugboat C (In Incheon, 221 ton), and Defendant B Co., Ltd. (Representative D) is a substantial shipowner employed and used as a captain of a tugboat C, who owns a barge I (in Incheon, 2,568 tons) and transports sand, etc. from various construction works and uses a tugboat by bareboat charter from the representative director of G Co., Ltd. located in Michuhol-gu Incheon Metropolitan City E apartmentF.

1. The defendant A, the captain, or the ship's personnel shall not use a ship for navigation with persons on board exceeding the maximum number of persons on board stated in the ship inspection certificate, and the barge I shall not have the crew on board as the maximum number of persons on board is not stated in the ship inspection certificate and shall not use it for navigation;

Nevertheless, at around 07:30 on June 16, 2019, Defendant A loaded approximately 2,500 sand for construction work with a barge I with a tugboat towing method, Defendant A used a barge I, who is unable to have a seafarer on board under the ship inspection certificate, until he enters the port of Jeju Island at around 20:00 on June 17, 2019.

2. The above defendant A, an employee of the defendant B Co., Ltd. (Representative D) and the defendant B Co., Ltd., committed the above violation regarding the business of the defendant B Co., Ltd.

Summary of Evidence

1. Defendants’ respective legal statements

1. Visa for a person who violates the Ship Safety Act;

1. Towing C navigation chart;

1. A bareboat charter party and a full certificate of registered matters;

1. Application of Acts and subordinate statutes on internal investigation reports (FAX receipt, such as charter contracts, and specific ship owners under suspicion);

1. Article applicable to criminal facts;

(a) Defendant A: Articles 84(1)2 and 8(2) of the Ship Safety Act;

B. Defendant B Company: Articles 84(2), 84(1)2, and 8(2)1 of the Ship Safety Act.