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(영문) 부산지방법원 2016.02.03 2016고정209
해양환경관리법위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No one shall discharge pollutants of ships into the sea.

On October 9, 2015, around 11:30, the Defendant terminated the repair of the ship at the shipbuilding yard B shipbuilding yard in Yongama-gun, Namnam-gun, and decided to transfer fuel oil (mit A) from the fuel oil storage tank to the service tank A.

In such cases, the defendant has a duty of care to closely check so that fuel oil can not go beyond the storage space of the service tank while placing workers in the area before the transport of fuel oil, operating fuel transfer pumps, and confirming the quantity of fuel oil transferred to the service tank.

Nevertheless, the Defendant did not place a worker prior to the transport of fuel oil in each area and did not confirm the difficulty of closing the service tank, and caused approximately 30 liter of fuel oil, which was being transferred by negligence, to the sea through Eben, thereby releasing it to the sea through Eben, thereby causing the sea of 140 meters x 5 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of ships violating the Marine Environment Management Act (D) Acts and subordinate statutes;

1. Article 127 subparagraph 2 of the relevant Act and Articles 22 (1) of the Management of the Marine Environment by which punishment is selected for facts constituting an offense;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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