All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

The instant barge (28m in length ¡¿ 8m in width ¡¿ 1.5m in height, 75 tons in weight, hereinafter “instant barge”) is a mere structure, not a ship, and thus, there is no obligation to report under the Marine Environment Management Act at the time of dissolution.

A small assistant barge constitutes a ship.

Even if Defendant A tried to remove inner pollutants by drilling the barge before dismantling it on the land scheduled to do so, and dismantled the barge after control, it constitutes a case where Defendant A is exempt from the duty to report.

Nevertheless, the judgment of the court below which pronounced guilty against the Defendants is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. Whether the instant barge constitutes a vessel under the Marine Environment Management Act (hereinafter “Act”)

The main text of Article 111(1) of the Act provides that “a person who intends to dismantle a ship shall prepare a work plan as prescribed by Ordinance of the Prime Minister and report it to the Minister of Public Safety and Security at least seven days prior to the commencement of the work,” and Article 2(16) of the Act provides that “ship” means “ship which may be used or used for navigation from water or water (including those with an outboard engine) and fixed, floating-type drilling ships, and platforms determined by Ordinance of the Ministry of Oceans and Fisheries.” In order to understand the concept of a ship governed by the Marine Environment Management Act, a ship should be understood in accordance with the Ship Act, and thus, the term “ship on the water” means a ship used or usable for navigation on or under the water, and the type of a ship (a ship carried out by a engine and may be separated from its hull, with an engine attached thereto).