The defendant shall be innocent.

1. The summary of the facts charged in this case shall not use for navigation any ship without any ship inspection certificate issued by the Minister of Oceans and Fisheries, or any ship inspection certificate, etc., the validity of which is suspended;

Nevertheless, C, the captain of the fleet B (19 tons), who is an employee of the defendant, was on board at around April 17, 2015, in relation to the defendant's work, at the Han-si Forest Port around 08:10 on April 17, 2015, 8, such as the captain E, on board the dredging line D ( military cargo at the time of military delivery, 694.6 tons) with which the ship inspection certificate was not received, and used for navigation of the dredging line without the ship inspection certificate at around 09:00, 2.4 nautical miles south-do from Jeju on the same day.

2. Determination

A. Articles 84(2) and 84(1)5 of the former Ship Safety Act (amended by Act No. 13002, Jan. 6, 2015 and enforced July 7, 2015; hereinafter “Ship Safety Act”) provide that “When a captain uses a ship for navigation without a ship inspection certificate, etc. or with a ship inspection certificate, etc. whose effect has been suspended due to a ship inspection certificate, etc. in violation of Article 17(1), any person shall be punished by a fine to the ship owner in relation to the ship’s duties.” Article 17(1) of the same Act provides that “No person shall use a ship for navigation with a ship inspection certificate, temporary alteration certificate, temporary navigation inspection certificate, international agreement inspection certificate, and tugboat navigation inspection certificate, etc. without a ship inspection certificate, or a ship inspection certificate, etc., the ship owner shall be punished as “D using a ship dredging method” for the pertinent ship’s duties as stated in the instant charges.

B. The term “ship” under the Ship Safety Act is defined by the Ordinance of the Ministry of Oceans and Fisheries, such as those used or usable for navigation on or under the water (including those with an outer flag on the water) and movable drilling hotel, etc.