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(영문) 광주지방법원 순천지원 2016.03.15 2015고단2024
해양환경관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of 15 million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a class 1 engineer of Incheon Coast Transportation Line D (1,599 tons) and is in charge of the maintenance of emergency fire extinguishing pumps, etc. under the maintenance plan, etc. of the above vessel, and Defendant B is a corporation established for the purpose of maritime cargo transportation business.

1. No person who is a defendant A shall discharge pollutants from a ship into the sea;

Nevertheless, around 18:05 on July 23, 2015, D, in which the Defendant was a engineer, loaded the cargo at the port of Nanma in Japan and went into a typhoon on July 24, 2015 on July 24, 2015 (the north 34-46-15 east, the east 127-45-57 east east 127-57 east east 127-57).

At around 04:00 on July 26, 2015, the Defendant tried to operate a main engine engine engine stand to stop the operation of the pumps and perform the same function in order to supply cooling water to “NO.1 power generator” while working on the part of the former engine E and on duty in the control tower of the said engine room. In order to replace the pipes, the Defendant tried to operate the pumps.

In such cases, the Defendant, who is in charge of the maintenance and management of equipment, such as emergency fire-fighting pumps and emergency power generators, has a duty of care to check in advance all kinds of pumps such as g/S loan pumps in which water mix oil and water is likely to leak at sea and to check in advance the state of the valves diving from the pumps, such as air-conditioning pumps and air-conditioning valves, etc., so as not to leak at sea.

Nevertheless, the Defendant’s use of the pumps at the time of repair work is limited to the fact that some of the valves are opened, and the Defendant operates the black pumps installed at an engine room and operated approximately two minutes by operating the black pumps at the engine room, and the blacks in the engine room.

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