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(영문) 부산지방법원 2013.07.11 2013고정2719

해양환경관리법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall discharge pollutants from a ship into the sea.

Nevertheless, from around 10:00 on March 14, 2013 to around 10:20 on the same day, the Defendant used electricity dinator on the port side at the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the port side of the Busan Shipping Daegu.

In such a case, even though the Defendant was responsible for preventing sloping dusts, etc. from being leaked to the sea by installing a sloping prevention facility around the work site, the Defendant neglected it and contaminated the sea with a length of about 2 meters x 1m width by releasing approximately 10g of the powder dust and waste synthetic resin (F.R.P) which is designated wastes accumulated on the ship to the neighboring sea.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes governing documentary evidence screening at the contamination site;

1. Article 128 subparagraph 1 of the relevant Act and Articles 128 and 22 (1) of the Marine Environment Management Act, the selection of fines concerning facts constituting an offense;

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;