Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Punishment of the crime

1. Defendant A is a captain who exercises overall control over the management of tugboat D (69.5 metric tons, wood spons) and barge E (712 tons and Busan Si spons) towing in the above D, which is owned and operated by the maritime transport company B in the sea transport company B in the Mapopo City, and the number of persons on board.

The owner of a ship, the captain, or the ship's personnel shall not use a ship for navigation without boarding the person on board after exceeding the maximum number of persons on board stated in the ship inspection certificate.

A barge E shall have the maximum number of persons on board on the ship inspection certificate and shall not have the crew on the ship and shall not use it for navigation.

Nevertheless, from around 05:00 on July 16, 2017 to 12:45 on the same day, the Defendant: (a) had a vessel manager F and G on board a barge from the Manpo-si wharf to the 4.45 nautical milesn-gun, Manan-gun, Manan-do; and (b) operated the said vessel in tow D.

Accordingly, the Defendant used the ship for navigation exceeding the maximum seating capacity of barge E.

2. Defendant B, at the time and place specified in paragraph 1, committed a violation of the Ship Safety Act, as described in paragraph 1, by a captain, who is the Defendant’s employee, on the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and G;

1. The application of Acts and subordinate statutes to cooperation and replies with documentary evidence and investigative data;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 84(1)2 and Article 8(2) of the Ship Safety Act (excluding punishment)

B. Defendant Limited Company B: Articles 84(2) and 84(1)2 and 8(2) of the Ship Safety Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;