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(영문) 부산지방법원 2017.10.19 2017고단3952
선박안전법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation established for the purpose of dredging ports with Seocho-gu Seoul Metropolitan Government C and 6 floors, which is a subsidiary ship owner D (1,827 tons) charters from E and actually uses them. Defendant A is the head of the above company equipment team and is in charge of the management, operation, etc. of ships, including the barge.

1. No defendant A ship owner, etc. shall use a ship for navigation beyond the navigation area stated in the ship inspection certificate;

Nevertheless, around 06:00 on March 23, 2017, the Defendant: (a) left the sea of the construction site of the breakwater located in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do; (b) made the Defendant navigate from around 11:50 on the same day to the head of the Cheongdo-dong, Busan-do; (c) used the ship inspection certificate of the said barge in excess of 10 old (U.S.) which is the navigation area stated in the ship inspection certificate of the said barge.

2. Defendant B Co., Ltd., at the same time and place as Defendant B Co., Ltd. 1, in relation to the Defendant’s work, the above barge was operated beyond the navigation area indicated in the ship inspection certificate, as in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Application of Acts and subordinate statutes of a report, ship inspection certificate, and charter contract;

1. Article 84(1)1, Article 8(2)(s) of the Ship Safety Act - Defendant B stock company: Articles 88, 84(4), 84(1)1, and 8(2) of the Ship Safety Act;

1. Attraction of a workhouse: It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act of Defendant A;

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