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Reasons
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(영문) 부산지방법원 2013.07.24 2013고정2879
해양환경관리법위반
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Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1) The Defendant A is a seafarer boarding the fleet C (113 tons) of Busan Loading Port Co., Ltd. (2) The Defendant B is a representative of the D Company employing the Defendant, etc. who is engaged in towing (marine transportation). The Defendant A is prohibited from discharging pollutants from a ship to the sea.

Nevertheless, from January 22, 2013, from around 12:00 to around 22, 2013, in the case of mooring at the water bed at the water bed of the Youngdo Police Station located in the Bupyeong-dong, Busan, Busan, the oil tanker E (30 tons of oil) in Busan, began to be supplied with 20,000 liters of fuel oil.

In such cases, the supply and demand of oil in the fuel tank should be verified from time to time and the oil shall not flow over the fuel tank on the main line, but there is negligence of supply of fuel oil.

Therefore, around 13:00 on January 22, 2013, when the fuel oil is being supplied and supplied, around 13:0, from the fuel tank No. 3 of the above vessel, the amount of about 5 liter oil flows into the neighboring sea through the upper deck-based deck tack (air), and the sea of the deck part ( approximately 5m x 3m breadth, two places).

2) Defendant B, who is the Defendant’s employment, committed the same act as that of the above paragraph in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Reports on the launch of a violating vessel;

1. Confirmation of marine pollution and reporting on the result of measures;

1. Business report;

1. Photographs related to marine pollution;

1. Copy of the master's license;

1. Copy of a license for marine officer;

1. Copy of marine pollution prevention certificate;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes to each criminal record;

1. Defendant A of the relevant Article on criminal facts: Article 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) B of the same Act: Articles 130 and 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) of the same Act;

1. Defendant A who is selected to impose a fine;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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