The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal (the fact-finding) of the Defendant’s employees were not the tallying service but the tallying assistant service.

Therefore, the defendant's employees do not engage in tallying without being registered with the Minister of Oceans and Fisheries in violation of the Harbor Transport Business Act.

2. On December 1, 2016, B, an employee of the Defendant, committed a violation of the Defendant’s duty to examine the cargo in attached Form B, D, E, E, F, G, H, H, J, and K (hereinafter “employee”) from around that time to February 28, 2017, by failing to pass the examination of a inspector conducted by the Minister of Oceans and Fisheries, and by failing to obtain registration from the Minister of Oceans and Fisheries. In addition, B, an employee of the Defendant, committed a violation of the Defendant’s duty to examine the cargo in attached Form B, E, E,F, G, H, I, J, J, and K (hereinafter “employee”).

3. Determination

가. 관련법리 1) 관계법령 항만운송사업법 제2조 제1항 제14호는 “검수”란 “선적화물을 싣거나 내릴 때 그 화물의 개수를 계산하거나 그 화물의 인도ㆍ인수를 증명하는 일”임을, 같은 법 제2조 제5항은 “검수사”란 직업으로서 검수에 종사하는 사람임을 각 규정하고 있다. 항만운송업무 처리지침(해양수산부 고시)에 따르면, 항만운송사업법 시행령 제8조 [별표4 에 따른 검수사 자격시험 시험과목 중 검수에 관한 일반적 지식의 출제범위에는 ⓐ 항만운송사업법, ⓑ 검수실무, ⓒ 검수화물의 종류 및 검수의 방법, ⓓ 화물의 기초 및 검수용어해설, ⓔ 검수안전수칙, ⓕ 손상화물의 상태검사가 포함된다.

As such, a person who intends to engage in the tallying service shall have a considerable level of expertise in the tallying service and pass a qualifying examination pursuant to Article 7(1) of the Harbor Transport Business Act.